Canola variety 45m38

ABSTRACT

Provided is a canola variety designated 45M38 and seed, plants and plant parts thereof produced from a cross of inbred varieties. Methods for producing a canola variety comprise crossing canola variety 45M38 with another canola plant. Methods for producing a canola plant containing in its genetic material one or more traits introgressed into 45M38 through backcross conversion and/or transformation, and to the canola seed, plant and plant part produced thereby are described. Canola variety 45M38, the seed, the plant produced from the seed, plant parts and variants, mutants, and minor modifications of canola variety 45M38 are disclosed.

BACKGROUND

The present discovery relates to a novel rapeseed variety designated45M38 which is the result of years of careful breeding and selection.The variety is of high quality and possesses a relatively low level oferucic acid in the vegetable oil component and a relatively low level ofglucosinolate content in the meal component to be termed “canola” inaccordance with the terminology commonly used by plant scientists.

The goal of plant breeding is to combine in a single variety or hybridvarious desirable traits. For field crops, these traits may includeresistance to diseases and insects, tolerance to heat and drought,reducing the time to crop maturity, greater yield, and better agronomicquality. With mechanical harvesting of many crops, uniformity of plantcharacteristics such as germination and stand establishment, growthrate, maturity, and plant and pod height should be maintained.Traditional plant breeding is an important tool in developing new andimproved commercial crops such as canola.

SUMMARY

A novel Brassica napus variety designated 45M38 is provided. Seeds ofthe 45M38 variety, plants of the 45M38 variety, and methods forproducing a canola plant by crossing the 45M38 variety with itself oranother canola plant (whether by use of male sterility or openpollination), and methods for producing a canola plant containing in itsgenetic material one or more transgenes, and to transgenic plantsproduced by that method are provided. Canola seeds and plants producedby crossing the variety 45M38 with another line.

The 45M38 plant may further comprise a cytoplasmic or nuclear factorcapable of conferring male sterility or otherwise preventingself-pollination, such as by self-incompatibility. Parts of the canolaplants disclosed herein are also provided, for example, pollen or ovulesobtained from the plant.

Seed of the Canola line 45M38 are provided and may be provided as apopulation of canola seed of the variety designated 45M38.

Compositions are provided comprising a seed of canola line 45M38comprised in plant seed growth media. In certain embodiments, the plantseed growth media is a soil or synthetic cultivation medium. In specificembodiments, the growth medium may be comprised in a container or may,for example, be soil in a field.

Canola line 45M38 is provided comprising an added heritable trait. Theheritable trait may be a genetic locus that is a dominant or recessiveallele. In certain embodiments, the genetic locus confers traits suchas, for example, male sterility, herbicide tolerance or resistance,insect resistance, resistance to bacterial, fungal, nematode or viraldisease, and altered or modified fatty acid, phytate, protein orcarbohydrate metabolism. The genetic locus may be a naturally occurringcanola gene introduced into the genome of a parent of the variety bybackcrossing, a natural or induced mutation or modification, or atransgene introduced through genetic transformation techniques. Whenintroduced through transformation, a genetic locus may comprise one ormore transgenes integrated at a single chromosomal location.

Canola line 45M38 is provided, wherein a cytoplasmically-inherited traithas been introduced into the plant. An exemplarycytoplasmically-inherited trait is the male sterility trait.Cytoplasmic-male sterility (CMS) is a pollen abortion phenomenondetermined by the interaction between the genes in the cytoplasm and thenucleus. Alteration in the mitochondrial genome and the lack of restorergenes in the nucleus will lead to pollen abortion. With either a normalcytoplasm or the presence of restorer gene(s) in the nucleus, the plantwill produce pollen normally. A CMS plant can be pollinated by amaintainer version of the same variety, which has a normal cytoplasm butlacks the restorer gene(s) in the nucleus, and continues to be malesterile in the next generation. The male fertility of a CMS plant can berestored by a restorer version of the same variety, which must have therestorer gene(s) in the nucleus. With the restorer gene(s) in thenucleus, the offspring of the male-sterile plant can produce normalpollen grains and propagate. A cytoplasmically inherited trait may be anaturally occurring canola trait or a trait introduced through genetictransformation techniques.

A tissue culture of regenerable cells of a plant of variety 45M38 isprovided. The tissue culture can be capable of regenerating plantscapable of expressing all of the physiological and morphological orphenotypic characteristics of the variety and of regenerating plantshaving substantially the same genotype as other plants of the variety.Examples of some of the physiological and morphological characteristicsof the variety 45M38 include characteristics related to yield, maturity,and seed quality. The regenerable cells in such tissue cultures may, forexample, be derived from embryos, meristematic cells, immature tassels,microspores, pollen, leaves, anthers, roots, root tips, silk, flowers,kernels, ears, cobs, husks, or stalks, or from callus or protoplastsderived from those tissues. Canola plants regenerated from the tissuecultures, the plants having all the physiological and morphologicalcharacteristics of variety 45M38 are also provided.

A method of introducing a desired trait into canola line 45M38 isprovided in which a 45M38 plant is crossed with a different canola plantthat comprises a desired trait to produce F1 progeny plants. The desiredtrait can be one or more of male sterility, herbicide resistance, insectresistance, modified fatty acid metabolism, modified carbohydratemetabolism, modified seed yield, modified oil percent, modified proteinpercent, modified lodging resistance and resistance to bacterialdisease, fungal disease or viral disease. The one or more progeny plantsthat have the desired trait are selected to produce selected progenyplants and crossed with the 45M38 plants to produce backcross progenyplants. The backcross progeny plants that have the desired trait andessentially all of the physiological and morphological characteristicsof canola line 45M38 are selected to produce selected backcross progenyplants; and these steps are repeated three or more times to produceselected fourth or higher backcross progeny plants that comprise thedesired trait and essentially all of the physiological and morphologicalcharacteristics of canola line 45M38, such as listed in Table 1. Alsoprovided is the plant produced by the method wherein the plant has thedesired trait and essentially all of the physiological and morphologicalcharacteristics of canola line 45M38, such as listed in Table 1.

DEFINITIONS

In the description and tables which follow, a number of terms are used.In order to aid in a clear and consistent understanding of thespecification, the following definitions and evaluation criteria areprovided.

Anther Fertility. The ability of a plant to produce pollen; measured bypollen production. 1=sterile, 9=all anthers shedding pollen (vs. PollenFormation which is amount of pollen produced).

Anther Arrangement. The general disposition of the anthers in typicalfully opened flowers is observed.

Chlorophyll Content. The typical chlorophyll content of the mature seedsis determined by using methods recommended by the Western CanadaCanola/Rapeseed Recommending Committee (WCC/RRC). 1=low (less than 8ppm), 2=medium (8 to 15 ppm), 3=high (greater than 15 ppm). Also,chlorophyll could be analyzed using NIR (Near Infrared) spectroscopy aslong as the instrument is calibrated according to the manufacturer'sspecifications.

CMS. Abbreviation for cytoplasmic male sterility.

Cotyledon. A cotyledon is a part of the embryo within the seed of aplant; it is also referred to as a seed leaf. Upon germination, thecotyledon may become the embryonic first leaf of a seedling.

Cotyledon Length. The distance between the indentation at the top of thecotyledon and the point where the width of the petiole is approximately4 mm.

Cotyledon Width. The width at the widest point of the cotyledon when theplant is at the two to three-leaf stage of development. 3=narrow,5=medium, 7=wide.

CV %: Abbreviation for coefficient of variation.

Disease Resistance: Resistance to various diseases is evaluated and isexpressed on a scale of 0=not tested, 1=resistant, 3=moderatelyresistant, 5=moderately susceptible, 7=susceptible, and 9=highlysusceptible.

Erucic Acid Content: The percentage of the fatty acids in the form ofC22:1.as determined by one of the methods recommended by the WCC/RRC,being AOCS Official Method Ce 2-66 Preparation of Methyl esters ofLong-Chain Fatty Acids or AOCS Official Method Ce 1-66 Fatty AcidComposition by Gas Chromatography.

Fatty Acid Content: The typical percentages by weight of fatty acidspresent in the endogenously formed oil of the mature whole dried seedsare determined. During such determination the seeds are crushed and areextracted as fatty acid methyl esters following reaction with methanoland sodium methoxide. Next the resulting ester is analyzed for fattyacid content by gas liquid chromatography using a capillary column whichallows separation on the basis of the degree of unsaturation and fattyacid chain length. This procedure is described in the work of Daun, etal., (1983) J. Amer. Oil Chem. Soc. 60:1751 to 1754.

Flower Bud Location. A determination is made whether typical buds aredisposed above or below the most recently opened flowers.

Flower Date 50%. (Same as Time to Flowering) The number of days fromplanting until 50% of the plants in a planted area have at least oneopen flower.

Flower Petal Coloration. The coloration of open exposed petals on thefirst day of flowering is observed.

Frost Tolerance (Spring Type Only). The ability of young plants towithstand late spring frosts at a typical growing area is evaluated andis expressed on a scale of 1 (poor) to 5 (excellent).

Gene Silencing. The interruption or suppression of the expression of agene at the level of transcription or translation.

Genotype. Refers to the genetic constitution of a cell or organism.

Glucosinolate Content. The total glucosinolates of seed at 8.5%moisture, as measured by AOCS Official Method AK-1-92 (determination ofglucosinolates content in rapeseed—colza by HPLC), is expressed asmicromoles per gram of defatted, oil-free meal. Capillary gaschromatography of the trimethylsityl derivatives of extracted andpurified desulfoglucosinolates with optimization to obtain optimumindole glucosinolate detection is described in “Procedures of theWestern Canada Canola/Rapeseed Recommending Committee Incorporated forthe Evaluation and Recommendation for Registration of Canola/RapeseedCandidate Cultivars in Western Canada”. Also, glucosinolates could beanalyzed using NIR (Near Infrared) spectroscopy as long as theinstrument is calibrated according to the manufacturer's specifications.

Grain. Seed produced by the plant or a self or sib of the plant that isintended for food or feed use.

Green Seed. The number of seeds that are distinctly green throughout asdefined by the Canadian Grain Commission. Expressed as a percentage ofseeds tested.

Herbicide Resistance: Resistance to various herbicides when applied atstandard recommended application rates is expressed on a scale of 1(resistant), 2 (tolerant), or 3 (susceptible).

Leaf Anthocyanin Coloration. The presence or absence of leaf anthocyanincoloration, and the degree thereof if present, are observed when theplant has reached the 9- to 11-leaf stage.

Leaf Attachment to Stem. The presence or absence of clasping where theleaf attaches to the stem, and when present the degree thereof, areobserved.

Leaf Attitude. The disposition of typical leaves with respect to thepetiole is observed when at least 6 leaves of the plant are formed.

Leaf Color. The leaf blade coloration is observed when at least sixleaves of the plant are completely developed.

Leaf Glaucosity. The presence or absence of a fine whitish powderycoating on the surface of the leaves, and the degree thereof whenpresent, are observed.

Leaf Length. The length of the leaf blades and petioles are observedwhen at least six leaves of the plant are completely developed.

Leaf Lobes. The fully developed upper stem leaves are observed for thepresence or absence of leaf lobes when at least 6 leaves of the plantare completely developed.

Leaf Margin Indentation. A rating of the depth of the indentations alongthe upper third of the margin of the largest leaf. 1=absent or very weak(very shallow), 3=weak (shallow), 5=medium, 7=strong (deep), 9=verystrong (very deep).

Leaf Margin Hairiness. The leaf margins of the first leaf are observedfor the presence or absence of pubescence, and the degree thereof, whenthe plant is at the two leaf-stage.

Leaf Margin Shape. A visual rating of the indentations along the upperthird of the margin of the largest leaf. 1=undulating, 2=rounded,3=sharp.

Leaf Surface. The leaf surface is observed for the presence or absenceof wrinkles when at least six leaves of the plant are completelydeveloped.

Leaf Tip Reflexion. The presence or absence of bending of typical leaftips and the degree thereof, if present, are observed at the six toeleven leaf-stage.

Leaf Upper Side Hairiness. The upper surfaces of the leaves are observedfor the presence or absence of hairiness, and the degree thereof ifpresent, when at least six leaves of the plant are formed.

Leaf Width. The width of the leaf blades is observed when at least sixleaves of the plant are completely developed.

Locus. A specific location on a chromosome.

Locus Conversion. A locus conversion refers to plants within a varietythat have been modified in a manner that retains the overall genetics ofthe variety and further comprises one or more loci with a specificdesired trait, such as male sterility, insect, disease or herbicideresistance. Examples of single locus conversions include mutant genes,transgenes and native traits finely mapped to a single locus. One ormore locus conversion traits may be introduced into a single canolavariety.

Lodging Resistance. Resistance to lodging at maturity is observed. 1=nottested, 3=poor, 5=fair, 7=good, 9=excellent.

LSD. Abbreviation for least significant difference.

Maturity. The number of days from planting to maturity is observed, withmaturity being defined as the plant stage when pods with seed changecolor, occurring from green to brown or black, on the bottom third ofthe pod-bearing area of the main stem.

NMS. Abbreviation for nuclear male sterility.

Number of Leaf Lobes. The frequency of leaf lobes, when present, isobserved when at least six leaves of the plant are completely developed.

Oil Content: The typical percentage by weight oil present in the maturewhole dried seeds is determined by ISO 10565:1993 Oilseeds Simultaneousdetermination of oil and water—Pulsed NMR method. Also, oil could beanalyzed using NIR (Near Infrared) spectroscopy as long as theinstrument is calibrated according to the manufacturer's specifications,reference AOCS Procedure Am 1-92 Determination of Oil, Moisture andVolatile Matter, and Protein by Near-Infrared Reflectance.

Pedicel Length. The typical length of the silique stem when mature isobserved. 3=short, 5=medium, 7=long.

Petal Length. The lengths of typical petals of fully opened flowers areobserved. 3=short, 5=medium, 7=long.

Petal Width. The widths of typical petals of fully opened flowers areobserved. 3=short, 5=medium, 7=long.

Petiole Length. The length of the petioles is observed, in a lineforming lobed leaves, when at least six leaves of the plant arecompletely developed. 3=short, 5=medium, 7=long.

Plant Height. The overall plant height at the end of flowering isobserved. 3=short, 5=medium, 7=tall.

Ploidy. This refers to the number of chromosomes exhibited by the line,for example diploid or tetraploid.

Pod Anthocyanin Coloration. The presence or absence at maturity ofsilique anthocyanin coloration, and the degree thereof if present, areobserved.

Pod (Silique) Beak Length. The typical length of the silique beak whenmature is observed. 3=short, 5=medium, 7=long.

Pod Habit. The typical manner in which the siliques are borne on theplant at maturity is observed.

Pod (Silique) Length. The typical silique length is observed. 1=short(less than 7 cm), 5=medium (7 to 10 cm), 9=long (greater than 10 cm).

Pod (Silique) Attitude. A visual rating of the angle joining the pedicelto the pod at maturity. 1=erect, 3=semi-erect, 5=horizontal,7=semi-drooping, 9=drooping.

Pod Type. The overall configuration of the silique is observed.

Pod (Silique) Width. The typical pod width when mature is observed.3=narrow (3 mm), 5=medium (4 mm), 7=wide (5 mm).

Pollen Formation. The relative level of pollen formation is observed atthe time of dehiscence.

Protein Content: The typical percentage by weight of protein in the oilfree meal of the mature whole dried seeds is determined by AOCS OfficialMethod Ba 4e-93 Combustion Method for the Determination of CrudeProtein. Also, protein could be analyzed using NIR (Near Infrared)spectroscopy as long as the instrument is calibrated according to themanufacturer's specifications, reference AOCS Procedure Am 1-92Determination of Oil, Moisture and Volatile Matter, and Protein byNear-Infrared Reflectance.

Resistance. The ability of a plant to withstand exposure to an insect,disease, herbicide, or other condition. A resistant plant variety orhybrid will have a level of resistance higher than a comparablewild-type variety or hybrid. “Tolerance” is a term commonly used incrops such as canola, soybean, and sunflower affected by an insect,disease, such as Sclerotinia, herbicide, or other condition and is usedto describe an improved level of field resistance.

Root Anthocyanin Coloration. The presence or absence of anthocyanincoloration in the skin at the top of the root is observed when the planthas reached at least the six-leaf stage.

Root Anthocyanin Expression. When anthocyanin coloration is present inskin at the top of the root, it further is observed for the exhibitionof a reddish or bluish cast within such coloration when the plant hasreached at least the six-leaf stage.

Root Anthocyanin Streaking. When anthocyanin coloration is present inthe skin at the top of the root, it further is observed for the presenceor absence of streaking within such coloration when the plant hasreached at least the six-leaf stage.

Root Chlorophyll Coloration. The presence or absence of chlorophyllcoloration in the skin at the top of the root is observed when the planthas reached at least the six-leaf stage.

Root Coloration Below Ground. The coloration of the root skin belowground is observed when the plant has reached at least the six-leafstage.

Root Depth in Soil. The typical root depth is observed when the planthas reached at least the six-leaf stage.

Root Flesh Coloration. The internal coloration of the root flesh isobserved when the plant has reached at least the six-leaf stage.

SE. Abbreviation for standard error.

Seedling Growth Habit. The growth habit of young seedlings is observedfor the presence of a weak or strong rosette character. 1=weak rosette,9=strong rosette.

Seeds Per Pod. The average number of seeds per pod is observed.

Seed Coat Color. The seed coat color of typical mature seeds isobserved. 1=black, 2=brown, 3=tan, 4=yellow, 5=mixed, 6=other.

Seed Coat Mucilage. The presence or absence of mucilage on the seed coatis determined and is expressed on a scale of 1 (absent) to 9 (present).During such determination a petri dish is filled to a depth of 0.3 cm.with water provided at room temperature. Seeds are added to the petridish and are immersed in water where they are allowed to stand for fiveminutes. The contents of the petri dish containing the immersed seedsare then examined under a stereo microscope equipped with transmittedlight. The presence of mucilage and the level thereof is observed as theintensity of a halo surrounding each seed.

Seed Size. The weight in grams of 1,000 typical seeds is determined atmaturity while such seeds exhibit a moisture content of approximately 5to 6 percent by weight.

Shatter Resistance. Resistance to silique shattering is observed at seedmaturity. 1=not tested, 3=poor, 5=fair, 7=good, 9=does not shatter.

SI. Abbreviation for self-incompatible.

Speed of Root Formation. The typical speed of root formation is observedwhen the plant has reached the four to eleven-leaf stage.

SSFS. Abbreviation for Sclerotinia sclerotiorum Field Severity score, arating based on both percentage infection and disease severity.

Stem Anthocyanin Intensity. The presence or absence of leaf anthocyanincoloration and the intensity thereof, if present, are observed when theplant has reached the nine to eleven-leaf stage. 1=absent or very weak,3=weak, 5=medium, 7=strong, 9=very strong.

Stem Lodging at Maturity. A visual rating of a plant's ability to resiststem lodging at maturity. 1=very weak (lodged), 9=very strong (erect).

Time to Flowering. A determination is made of the number of days when atleast 50 percent of the plants have one or more open buds on a terminalraceme in the year of sowing.

Seasonal Type. This refers to whether the new line is considered to beprimarily a Spring or Winter type of canola.

Winter Survival (Winter Type Only). The ability to withstand wintertemperatures at a typical growing area is evaluated and is expressed ona scale of 1 (poor) to 5 (excellent).

DETAILED DESCRIPTION

Field crops are bred through techniques that take advantage of theplant's method of pollination. A plant is self-pollinated if pollen fromone flower is transferred to the same or another flower of the sameplant or a genetically identical plant. A plant is sib-pollinated whenindividuals within the same family or line are used for pollination. Aplant is cross-pollinated if the pollen comes from a flower on agenetically different plant from a different family or line. The term“cross-pollination” used herein does not include self-pollination orsib-pollination.

In the practical application of a chosen breeding program, the breederoften initially selects and crosses two or more parental lines, followedby repeated selfing and selection, thereby producing many unique geneticcombinations. The breeder can theoretically generate billions ofdifferent genetic combinations via crossing, selfing and mutagenesis.However, the breeder commonly has no direct control at the cellularlevel of the plant. Therefore, two breeders will never independentlydevelop the same variety having the same canola traits.

In each cycle of evaluation, the plant breeder selects the germplasm toadvance to the next generation. This germplasm is grown under chosengeographical, climatic and soil conditions and further selections arethen made during and at the end of the growing season. Thecharacteristics of the varieties developed are incapable of predictionin advance. This unpredictability is because the selection occurs inunique environments, with no control at the DNA level (usingconventional breeding procedures), and with millions of differentpossible genetic combinations being generated. A breeder of ordinaryskill cannot predict in advance the final resulting varieties that areto be developed, except possibly in a very gross and general fashion.Even the same breeder is incapable of producing the same variety twiceby using the same original parents and the same selection techniques.This unpredictability commonly results in the expenditure of largeresearch monies and effort to develop a new and superior canola variety.

Canola breeding programs utilize techniques such as mass and recurrentselection, backcrossing, pedigree breeding and haploidy. For a generaldescription of rapeseed and Canola breeding, see, Downey and Rakow,(1987) “Rapeseed and Mustard” In: Principles of Cultivar Development,Fehr, (ed.), pp 437-486; New York; Macmillan and Co.; Thompson, (1983)“Breeding winter oilseed rape Brassica napus”; Advances in AppliedBiology 7:1-104; and Ward, et. al., (1985) Oilseed Rape, Farming PressLtd., Wharfedale Road, Ipswich, Suffolk.

Recurrent selection is used to improve populations of either self- orcross-pollinating Brassica. Through recurrent selection, a geneticallyvariable population of heterozygous individuals is created byintercrossing several different parents. The best plants are selectedbased on individual superiority, outstanding progeny, and/or excellentcombining ability. The selected plants are intercrossed to produce a newpopulation in which further cycles of selection are continued. Variousrecurrent selection techniques are used to improve quantitativelyinherited traits controlled by numerous genes.

Breeding programs use backcross breeding to transfer genes for a simplyinherited, highly heritable trait into another line that serves as therecurrent parent. The source of the trait to be transferred is calledthe donor parent. After the initial cross, individual plants possessingthe desired trait of the donor parent are selected and are crossed(backcrossed) to the recurrent parent for several generations. Theresulting plant is expected to have the attributes of the recurrentparent and the desirable trait transferred from the donor parent. Thisapproach has been used for breeding disease resistant phenotypes of manyplant species, and has been used to transfer low erucic acid and lowglucosinolate content into lines and breeding populations of Brassica.

Pedigree breeding and recurrent selection breeding methods are used todevelop varieties from breeding populations. Pedigree breeding startswith the crossing of two genotypes, each of which may have one or moredesirable characteristics that is lacking in the other or whichcomplements the other. If the two original parents do not provide all ofthe desired characteristics, other sources can be included in thebreeding population. In the pedigree method, superior plants are selfedand selected in successive generations. In the succeeding generationsthe heterozygous condition gives way to homogeneous lines as a result ofself-pollination and selection. Typically in the pedigree method ofbreeding, five or more generations of selfing and selection arepracticed: F₁ to F₂; F₂ to F₃; F₃ to F₄; F₄ to F₅, etc. For example, twoparents that are believed to possess favorable complementary traits arecrossed to produce an F₁. An F₂ population is produced by selfing one orseveral F₁'s or by intercrossing two F₁'s (i.e., sib mating). Selectionof the best individuals may begin in the F₂ population, and beginning inthe F₃ the best individuals in the best families are selected.Replicated testing of families can begin in the F₄ generation to improvethe effectiveness of selection for traits with low heritability. At anadvanced stage of inbreeding (i.e., F₆ and F₇), the best lines ormixtures of phenotypically similar lines commonly are tested forpotential release as new cultivars. Backcrossing may be used inconjunction with pedigree breeding; for example, a combination ofbackcrossing and pedigree breeding with recurrent selection has beenused to incorporate blackleg resistance into certain cultivars ofBrassica napus.

Plants that have been self-pollinated and selected for type for manygenerations become homozygous at almost all gene loci and produce auniform population of true breeding progeny. If desired, double-haploidmethods can also be used to extract homogeneous lines. A cross betweentwo different homozygous lines produces a uniform population of hybridplants that may be heterozygous for many gene loci. A cross of twoplants each heterozygous at a number of gene loci will produce apopulation of hybrid plants that differ genetically and will not beuniform.

The choice of breeding or selection methods depends on the mode of plantreproduction, the heritability of the trait(s) being improved, and thetype of cultivar used commercially, such as F₁ hybrid variety or openpollinated variety. A true breeding homozygous line can also be used asa parental line (inbred line) in a commercial hybrid. If the line isbeing developed as an inbred for use in a hybrid, an appropriatepollination control system should be incorporated in the line.Suitability of an inbred line in a hybrid combination will depend uponthe combining ability (general combining ability or specific combiningability) of the inbred.

Various breeding procedures are also utilized with these breeding andselection methods. The single-seed descent procedure in the strict senserefers to planting a segregating population, harvesting a sample of oneseed per plant, and using the one-seed sample to plant the nextgeneration. When the population has been advanced from the F₂ to thedesired level of inbreeding, the plants from which lines are derivedwill each trace to different F₂ individuals. The number of plants in apopulation declines each generation due to failure of some seeds togerminate or some plants to produce at least one seed. As a result, notall of the F₂ plants originally sampled in the population will berepresented by a progeny when generation advance is completed.

In a multiple-seed procedure, canola breeders commonly harvest one ormore pods from each plant in a population and thresh them together toform a bulk. Part of the bulk is used to plant the next generation andpart is put in reserve. The procedure has been referred to as modifiedsingle-seed descent or the pod-bulk technique. The multiple-seedprocedure has been used to save labor at harvest. It is considerablyfaster to thresh pods with a machine than to remove one seed from eachby hand for the single-seed procedure. The multiple-seed procedure alsomakes it possible to plant the same number of seeds of a population eachgeneration of inbreeding. Enough seeds are harvested to make up forthose plants that did not germinate or produce seed. If desired,doubled-haploid methods can be used to extract homogeneous lines.

Molecular markers, including techniques such as Isozyme Electrophoresis,Restriction Fragment Length Polymorphisms (RFLPs), Randomly AmplifiedPolymorphic DNAs (RAPDs), Arbitrarily Primed Polymerase Chain Reaction(AP-PCR), DNA Amplification Fingerprinting (DAF), Sequence CharacterizedAmplified Regions (SCARs), Amplified Fragment Length Polymorphisms(AFLPs), Simple Sequence Repeats (SSRs) and Single NucleotidePolymorphisms (SNPs), may be used in plant breeding methods. One use ofmolecular markers is Quantitative Trait Loci (QTL) mapping. QTL mappingis the use of markers which are known to be closely linked to allelesthat have measurable effects on a quantitative trait. Selection in thebreeding process is based upon the accumulation of markers linked to thepositive effecting alleles and/or the elimination of the markers linkedto the negative effecting alleles in the plant's genome.

Molecular markers can also be used during the breeding process for theselection of qualitative traits. For example, markers closely linked toalleles or markers containing sequences within the actual alleles ofinterest can be used to select plants that contain the alleles ofinterest during a backcrossing breeding program. The markers can also beused to select for the genome of the recurrent parent and against themarkers of the donor parent. Using this procedure can minimize theamount of genome from the donor parent that remains in the selectedplants. It can also be used to reduce the number of crosses back to therecurrent parent needed in a backcrossing program. The use of molecularmarkers in the selection process is often called Genetic Marker EnhancedSelection or Marker Assisted Selection (MAS).

The production of doubled haploids can also be used for the developmentof inbreds in the breeding program. In Brassica napus, microsporeculture technique may be used to produce haploid embryos. The haploidembryos are then regenerated on appropriate media as haploid plantlets,doubling chromosomes of which results in doubled haploid plants. Thiscan be advantageous because the process omits the generations of selfingneeded to obtain a homozygous plant from a heterozygous source.

The development of a canola hybrid in a canola plant breeding programinvolves three steps: (1) the selection of plants from various germplasmpools for initial breeding crosses; (2) the selfing of the selectedplants from the breeding crosses for several generations to produce aseries of inbred lines, which, although different from each other, breedtrue and are highly uniform; and (3) crossing the selected inbred lineswith different inbred lines to produce the hybrids. During theinbreeding process in canola, the vigor of the lines decreases. Vigor isrestored when two different inbred lines are crossed to produce thehybrid. A consequence of the homozygosity and homogeneity of the inbredlines is that the hybrid between a defined pair of inbreds will alwaysbe the same. Once the inbreds that give a superior hybrid have beenidentified, the hybrid seed can be reproduced indefinitely as long asthe homogeneity of the inbred parents is maintained.

45M38 may also be used to produce a double cross hybrid or a three-wayhybrid. A single cross hybrid is produced when two inbred varieties arecrossed to produce the F1 progeny. A double cross hybrid is producedfrom four inbred varieties crossed in pairs (A×B and C×D) and then thetwo F1 hybrids are crossed again (A×B)×(C×D). A three-way cross hybridis produced from three inbred varieties where two of the inbredvarieties are crossed (A×B) and then the resulting F₁ hybrid is crossedwith the third inbred variety (A×B)×C. In each case, pericarp tissuefrom the female parent will be a part of and protect the hybrid seed.

Another form of commercial hybrid production involves the use of amixture of male sterile hybrid seed and male pollinator seed. Whenplanted, the resulting male sterile hybrid plants are pollinated by thepollinator plants. This method can be used to produce grain withenhanced quality grain traits, such as high oil. One use of this methodis described in U.S. Pat. Nos. 5,704,160 and 5,706,603.

Molecular data from 45M38 may be used in a plant breeding process.Nucleic acids may be isolated from a seed of 45M38 or from a plant,plant part, or cell produced by growing a seed of 45M38 or from a seedof 45M38 with a locus conversion, or from a plant, plant part, or cellof 45M38 with a locus conversion. One or more polymorphisms may beisolated from the nucleic acids. A plant having one or more of theidentified polymorphisms may be selected and used in a plant breedingmethod to produce another plant.

Controlling Self-Pollination

Canola varieties are mainly self-pollinated; therefore, self-pollinationof the parental varieties must be controlled to make hybrid developmentfeasible. In developing improved new Brassica hybrid varieties, breedersmay use self-incompatible (SI), cytoplasmic male sterile (CMS) ornuclear male sterile (NMS) Brassica plants as the female parent. Inusing these plants, breeders are attempting to improve the efficiency ofseed production and the quality of the F₁ hybrids and to reduce thebreeding costs. When hybridization is conducted without using SI, CMS orNMS plants, it is more difficult to obtain and isolate the desiredtraits in the progeny (F₁ generation) because the parents are capable ofundergoing both cross-pollination and self-pollination. If one of theparents is a SI, CMS or NMS plant that is incapable of producing pollen,only cross pollination will occur. By eliminating the pollen of oneparental variety in a cross, a plant breeder is assured of obtaininghybrid seed of uniform quality, provided that the parents are of uniformquality and the breeder conducts a single cross.

In one instance, production of F₁ hybrids includes crossing a CMSBrassica female parent with a pollen-producing male Brassica parent. Toreproduce effectively, however, the male parent of the F₁ hybrid musthave a fertility restorer gene (Rf gene). The presence of an Rf genemeans that the F₁ generation will not be completely or partiallysterile, so that either self-pollination or cross pollination may occur.Self-pollination of the F₁ generation to produce several subsequentgenerations ensures that a desired trait is heritable and stable andthat a new variety has been isolated.

An example of a Brassica plant which is cytoplasmic male sterile andused for breeding is Ogura (OGU) cytoplasmic male sterile(Pellan-Delourme, et al., 1987). A fertility restorer for Oguracytoplasmic male sterile plants has been transferred from Raphanussativus (radish) to Brassica by Instit. National de Recherche Agricole(INRA) in Rennes, France (Pelletier, et al., 1987). The OGU INRArestorer gene, Rf1 originating from radish, is described in WO 92/05251and in Delourme, et al., (1991). Improved versions of this restorer havebeen developed. For example, see WO98/27806, oilseed Brassica containingan improved fertility restorer gene for Ogura cytoplasmic malesterility.

Other sources and refinements of CMS sterility in canola include thePolima cytoplasmic male sterile plant, as well as those of U.S. Pat. No.5,789,566, DNA sequence imparting cytoplasmic male sterility,mitochondrial genome, nuclear genome, mitochondria and plant containingsaid sequence and process for the preparation of hybrids; U.S. Pat. No.5,973,233 Cytoplasmic male sterility system production canola hybrids;and WO97/02737 Cytoplasmic male sterility system producing canolahybrids; EP Patent Application Number 0 599042A Methods for introducinga fertility restorer gene and for producing F1 hybrids of Brassicaplants thereby; U.S. Pat. No. 6,229,072 Cytoplasmic male sterilitysystem production canola hybrids; U.S. Pat. No. 4,658,085 Hybridizationusing cytoplasmic male sterility, cytoplasmic herbicide tolerance, andherbicide tolerance from nuclear genes.

Promising advanced breeding lines commonly are tested and compared toappropriate standards in environments representative of the commercialtarget area(s). The best lines are candidates for new commercial lines;and those still deficient in a few traits may be used as parents toproduce new populations for further selection.

A pollination control system and effective transfer of pollen from oneparent to the other offers improved plant breeding and an effectivemethod for producing hybrid canola seed and plants. For example, theOgura cytoplasmic male sterility (CMS) system, developed via protoplastfusion between radish (Raphanus sativus) and rapeseed (Brassica napus),is one of the most frequently used methods of hybrid production. Itprovides stable expression of the male sterility trait (Ogura, 1968,Pelletier, et al., 1983) and an effective nuclear restorer gene (Heyn,1976).

For most traits the true genotypic value may be masked by otherconfounding plant traits or environmental factors. One method foridentifying a superior plant is to observe its performance relative toother experimental plants and to one or more widely grown standardvarieties. If a single observation is inconclusive, replicatedobservations provide a better estimate of the genetic worth.

Proper testing should detect any major faults and establish the level ofsuperiority or improvement over current varieties. In addition toshowing superior performance, there must be a demand for a new varietythat is compatible with industry standards or which creates a newmarket. The introduction of a new variety commonly will incur additionalcosts to the seed producer, the grower, the processor and the consumer,for special advertising and marketing, altered seed and commercialproduction practices, and new product utilization. The testing precedingrelease of a new variety should take into consideration research anddevelopment costs as well as technical superiority of the final variety.For seed-propagated varieties, it must be feasible to produce seedeasily and economically.

These processes, which lead to the final step of marketing anddistribution, usually take from approximately six to twelve years fromthe time the first cross is made. Therefore, the development of newvarieties is a time-consuming process that requires precise forwardplanning, efficient use of resources, and a minimum of changes indirection.

Further, as a result of the advances in sterility systems, lines aredeveloped that can be used as an open pollinated variety (i.e., apureline cultivar sold to the grower for planting) and/or as a sterileinbred (female) used in the production of Fi hybrid seed. In the lattercase, favorable combining ability with a restorer (male) would bedesirable. The resulting hybrid seed would then be sold to the growerfor planting.

Combining ability of a line, as well as the performance of the line perse, is a factor in the selection of improved canola lines that may beused as inbreds. Combining ability refers to a line's contribution as aparent when crossed with other lines to form hybrids. The hybrids formedfor the purpose of selecting superior lines are designated test crosses.One way of measuring combining ability is by using breeding values.Breeding values are based on the overall mean of a number of testcrosses. This mean is then adjusted to remove environmental effects andit is adjusted for known genetic relationships among the lines.

Hybrid seed production requires inactivation of pollen produced by thefemale parent. Incomplete inactivation of the pollen provides thepotential for self-pollination. This inadvertently self-pollinated seedmay be unintentionally harvested and packaged with hybrid seed.Similarly, because the male parent is grown next to the female parent inthe field, there is also the potential that the male selfed seed couldbe unintentionally harvested and packaged with the hybrid seed. Once theseed from the hybrid bag is planted, it is possible to identify andselect these self-pollinated plants. These self-pollinated plants willbe genetically equivalent to one of the inbred lines used to produce thehybrid. Though the possibility of inbreds being included in hybrid seedbags exists, the occurrence is rare because much care is taken to avoidsuch inclusions. These self-pollinated plants can be identified andselected by one skilled in the art, through either visual or molecularmethods.

Brassica napus canola plants, absent the use of sterility systems, arerecognized to commonly be self-fertile with approximately 70 to 90percent of the seed normally forming as the result of self-pollination.The percentage of cross pollination may be further enhanced whenpopulations of recognized insect pollinators at a given growing site aregreater. Thus open pollination is often used in commercial canolaproduction.

Since canola variety 45M38 is a hybrid produced from substantiallyhomogeneous parents, it can be reproduced by planting seeds of suchparents, growing the resulting canola plants under controlledpollination conditions with adequate isolation so that cross-pollinationoccurs between the parents, and harvesting the resulting hybrid seedusing conventional agronomic practices.

Locus Conversions of Canola Variety 45M38

45M38 represents a new base genetic line into which a new locus or traitmay be introduced. Direct transformation and backcrossing represent twomethods that can be used to accomplish such an introgression. The termlocus conversion is used to designate the product of such anintrogression.

To select and develop a superior hybrid, it is necessary to identify andselect genetically unique individuals that occur in a segregatingpopulation. The segregating population is the result of a combination ofcrossover events plus the independent assortment of specificcombinations of alleles at many gene loci that results in specific andunique genotypes. Advancement of the germplasm base as a whole permitsthe maintenance or improvement of traits such as yield, diseaseresistance, pest resistance and plant performance in extreme weatherconditions. Locus conversions are routinely used to add or modify one ora few traits of such a line and this further enhances its value andusefulness to society.

Backcrossing can be used to improve inbred varieties and a hybridvariety which is made using those inbreds. Backcrossing can be used totransfer a specific desirable trait from one variety, the donor parent,to an inbred called the recurrent parent which has overall goodagronomic characteristics yet that lacks the desirable trait. Thistransfer of the desirable trait into an inbred with overall goodagronomic characteristics can be accomplished by first crossing arecurrent parent to a donor parent (non-recurrent parent). The progenyof this cross is then mated back to the recurrent parent followed byselection in the resultant progeny for the desired trait to betransferred from the non-recurrent parent.

Traits may be used by those of ordinary skill in the art to characterizeprogeny. Traits are commonly evaluated at a significance level, such asa 1%, 5% or 10% significance level, when measured in plants grown in thesame environmental conditions. For example, a locus conversion of 45M38may be characterized as having essentially the same phenotypic traits as45M38. The traits used for comparison may be those traits shown in anyof Tables 1-5. Molecular markers can also be used during the breedingprocess for the selection of qualitative traits. For example, markerscan be used to select plants that contain the alleles of interest duringa backcrossing breeding program. The markers can also be used to selectfor the genome of the recurrent parent and against the genome of thedonor parent. Using this procedure can minimize the amount of genomefrom the donor parent that remains in the selected plants.

A locus conversion of 45M38 will otherwise retain the genetic integrityof 45M38. For example, a locus conversion of 45M38 can be developed whenDNA sequences are introduced through backcrossing (Hallauer et al.,1988), with a parent of 45M38 utilized as the recurrent parent. Bothnaturally occurring and transgenic

DNA sequences may be introduced through backcrossing techniques. Abackcross conversion may produce a plant with a locus conversion in atleast one or more backcrosses, including at least 2 crosses, at least 3crosses, at least 4 crosses, at least 5 crosses and the like. Molecularmarker assisted breeding or selection may be utilized to reduce thenumber of backcrosses necessary to achieve the backcross conversion. Forexample, see Openshaw, S. J. et al., Marker-assisted Selection inBackcross Breeding. In: Proceedings Symposium of the Analysis ofMolecular Data, August 1994, Crop Science Society of America, Corvallis,Oreg., where it is demonstrated that a backcross conversion can be madein as few as two backcrosses.

Uses of Canola

Currently Brassica napus canola is a widely-grown oilseed crop and asource of meal in many parts of the world. The oil as removed from theseeds commonly contains a lesser concentration of endogenously formedsaturated fatty acids than other vegetable oils and is well suited foruse in the production of salad oil or other food products or in cookingor frying applications. The oil also finds utility in industrialapplications. Additionally, the meal component of the seeds can be usedas a nutritious protein concentrate for livestock.

Canola oil has the lowest level of saturated fatty acids of allvegetable oils. “Canola” refers to rapeseed (Brassica) which (1) has anerucic acid (C_(22:1)) content of at most 2 percent by weight based onthe total fatty acid content of a seed, preferably at most 0.5 percentby weight and most preferably essentially 0 percent by weight; and (2)produces, after crushing, an air-dried meal containing less than 30micromoles (μmol) glucosinolates per gram of defatted (oil-free) meal.These types of rapeseed are distinguished by their edibility incomparison to more traditional varieties of the species.

Disease—Sclerotinia

Sclerotinia infects over 100 species of plants, including numerouseconomically important crops such as Brassica species, sunflowers, drybeans, soybeans, field peas, lentils, lettuce, and potatoes (Boland andHall, 1994). Sclerotinia sclerotiorum is responsible for over 99% ofSclerotinia disease, while Sclerotinia minor produces less than 1% ofthe disease. Sclerotinia produces sclerotia, irregularly-shaped, darkoverwintering bodies, which can endure in soil for four to five years.The sclerotia can germinate carpogenically or myceliogenically,depending on the environmental conditions and crop canopies. The twotypes of germination cause two distinct types of diseases. Sclerotiathat germinate carpogenically produce apothecia and ascospores thatinfect above-ground tissues, resulting in stem blight, stalk rot, headrot, pod rot, white mold and blossom blight of plants. Sclerotia thatgerminate myceliogenically produce mycelia that infect root tissues,causing crown rot, root rot and basal stalk rot.

Sclerotinia causes Sclerotinia stem rot, also known as white mold, inBrassica, including canola. Canola is a type of Brassica having a lowlevel of glucosinolates and erucic acid in the seed. The sclerotiagerminate carpogenically in the summer, producing apothecia. Theapothecia release wind-borne ascospores that travel up to one kilometer.The disease is favored by moist soil conditions (at least 10 days at ornear field capacity) and temperatures of 15-25° C., prior to and duringcanola flowering. The spores cannot infect leaves and stems directly;they must first land on flowers, fallen petals, and pollen on the stemsand leaves. Petal age affects the efficiency of infection, with olderpetals more likely to result in infection (Heran, et al., 1999). Thefungal spores use the flower parts as a food source as they germinateand infect the plant.

The severity of Sclerotinia in Brassica is variable, and is dependent onthe time of infection and climatic conditions (Heran, et al., 1999). Thedisease is favored by cool temperatures and prolonged periods ofprecipitation. Temperatures between 20 and 25° C. and relativehumidities of greater than 80% are required for optimal plant infection(Heran, et al., 1999). Losses ranging from 5 to 100% have been reportedfor individual fields (Manitoba Agriculture, Food and Rural Initiatives,2004). On average, yield losses are estimated to be 0.4 to 0.5 times theSclerotinia sclerotiorum Field Severity score, a rating based on bothpercentage infection and disease severity. More information is providedherein at Example 4. For example, if a field has 20% infection (20/100plants infected), then the yield loss would be about 10% provided plantsare dying prematurely due to the infection of the main stem (rating5-SSFS=20%). If the plants are affected much less (rating 1-SSFS=4%),yield loss is reduced accordingly. Further, Sclerotinia can cause heavylosses in wet swaths. Sclerotinia sclerotiorum caused economic losses tocanola growers in Minnesota and North Dakota of 17.3, 20.8, and 16.8million dollars in 1999, 2000 and 2001, respectively (Bradley, et al.2006). In Canada, this disease can be prevalent in Southern Manitoba,parts of South Central Alberta and also in Eastern areas ofSaskatchewan. Since weather plays a role in development of this disease,its occurrence is irregular and unpredictable. Certain reports estimateabout 0.8 to 1.3 million acres of canola being sprayed with fungicide inSouthern Manitoba annually. The fungicide application costs about $25per acre, which represents a significant cost for canola producers.Moreover, producers may decide to apply fungicide based on the weatherforecast, while later changes in the weather pattern discourage diseasedevelopment, resulting in wasted product, time, and fuel. Creation ofSclerotinia tolerant canola cultivars has been a goal for many of theCanadian canola breeding organizations.

The symptoms of Sclerotinia infection usually develop several weeksafter flowering begins. The plants develop pale-grey to white lesions,at or above the soil line and on upper branches and pods. The infectionsoften develop where the leaf and the stem join because the infectedpetals lodge there. Once plants are infected, the mold continues to growinto the stem and invade healthy tissue. Infected stems appear bleachedand tend to shred. Hard black fungal sclerotia develop within theinfected stems, branches, or pods. Plants infected at flowering producelittle or no seed. Plants with girdled stems wilt and ripen prematurely.Severely infected crops frequently lodge, shatter at swathing, and makeswathing more time consuming. Infections can occur in all above-groundplant parts, especially in dense or lodged stands, where plant-to-plantcontact facilitates the spread of infection. New sclerotia carry thedisease over to the next season.

Conventional methods for control of Sclerotinia diseases include (a)chemical control, (b) disease resistance and (c) cultural control, eachof which is described below.

(a) Fungicides such as benomyl, vinclozolin and iprodione remain themain method of control of Sclerotinia disease (Morall, et al., 1985; Tu,1983). Recently, additional fungicidal formulations have been developedfor use against Sclerotinia, including azoxystrobin, prothioconazole,and boscalid. (Johnson, 2005) However, use of fungicide is expensive andcan be harmful to the user and environment. Further, resistance to somefungicides has occurred due to repeated use.

(b) In certain cultivars of bean, safflower, sunflower and soybean, someprogress has been made in developing partial (incomplete) resistance.Partial resistance is often referred to as tolerance. However, successin developing partial resistance has been very limited, probably becausepartial physiological resistance is a multigene trait as demonstrated inbean (Fuller, et al., 1984). In addition to partial physiologicalresistance, some progress has been made to breed for morphologicaltraits to avoid Sclerotinia infection, such as upright growth habit,lodging resistance and narrow canopy. For example, bean plants withpartial physiological resistance and with an upright stature, narrowcanopy and indeterminate growth habit were best able to avoidSclerotinia (Saindon, et al., 1993). Early maturing cultivars ofsafflower showed good field resistance to Sclerotinia. Finally, insoybean, cultivar characteristics such as height, early maturity andgreat lodging resistance result in less disease, primarily because of areduction of favorable microclimate conditions for the disease. (Bolandand Hall, 1987; Buzzell, et al. 1993)

(c) Cultural practices, such as using pathogen-free or fungicide-treatedseed, increasing row spacing, decreasing seeding rate to reducesecondary spread of the disease, and burying sclerotia to preventcarpogenic germination, may reduce Sclerotinia disease but noteffectively control the disease.

All Canadian canola genotypes are susceptible to Sclerotinia stem rot(Manitoba Agriculture, Food and Rural Initiatives, 2004). This includesall known spring petalled genotypes of canola quality. There is also noresistance to Sclerotinia in Australian canola varieties.(Hind-Lanoiselet, et al. 2004). Some varieties with certainmorphological traits are better able to withstand Sclerotinia infection.For example, Polish varieties (Brassica rapa) have lighter canopies andseem to have much lower infection levels. In addition, petal-lessvarieties (apetalous varieties) avoid Sclerotinia infection to a greaterextent (Okuyama, et al., 1995; Fu, 1990). Other examples ofmorphological traits which confer a degree of reduced fieldsusceptibility in Brassica genotypes include increased standability,reduced petal retention, branching (less compact and/or higher), andearly leaf abscission. However, these morphological traits alone do notconfer resistance to Sclerotinia.

Winter canola genotypes are also susceptible to Sclerotinia. Thewidely-grown German variety Express is considered susceptible tomoderately susceptible and belongs to the group of less susceptiblevarieties/hybrids.

Spraying with fungicide may control Sclerotinia in canola crops grownunder disease-favorable conditions at flowering. Typical fungicides usedfor controlling Sclerotinia on Brassica include dicarboximides iprodione(Rovral®)/prothiaconazole (Proline™) commercially available from Bayerand vinclozolin (Ronilan™)/Lance™ commercially available from BASF. Theactive ingredient in Lance™ is boscalid, and it is marketed as Endura™in the United States. The fungicide is generally applied before symptomsof stem rot are visible and usually at the 20-30% bloom stage of thecrop. If infection is already evident, application of fungicide will betoo late to have an effect. Accordingly, growers must assess theirfields for disease risk to decide whether to apply a fungicide. This canbe done by using a government provided checklist or by using a petaltesting kit. Either method is cumbersome and prone to errors.(Hind-Lanoiselet, 2004; Johnson, 2005)

Numerous efforts have been made to develop Sclerotinia resistantBrassica plants. Built-in polygenic resistance is more convenient,economical, and environmentally-friendly than controlling Sclerotinia byapplication of fungicides. In some embodiments, 45M38 can be modified tohave resistance to Sclerotinia.

Homogenous and reproducible canola hybrids are useful for the productionof a commercial crop on a reliable basis. There are a number ofanalytical methods available to determine the phenotypic stability of acanola hybrid.

Phenotypic characteristics most often are observed for traits associatedwith seed yield, seed oil content, seed protein content, fatty acidcomposition of oil, glucosinolate content of meal, growth habit, lodgingresistance, plant height, shatter resistance, etc. A plant's genotypecan be used to identify plants of the same variety or a related variety.For example, the genotype can be used to determine the pedigree of aplant. There are many laboratory-based techniques available for theanalysis, comparison and characterization of plant genotype; among theseare Isozyme Electrophoresis, Restriction Fragment Length Polymorphisms(RFLPs), Randomly Amplified Polymorphic DNAs (RAPDs), Arbitrarily PrimedPolymerase Chain Reaction (AP-PCR), DNA Amplification Fingerprinting(DAF), Sequence

Characterized Amplified Regions (SCARs), Amplified Fragment LengthPolymorphisms (AFLPs), Simple Sequence Repeats (SSRs) which are alsoreferred to as Microsatellites, and Single Nucleotide Polymorphisms(SNPs).

Particular markers used for these purposes may include any type ofmarker and marker profile which provides a means of distinguishingvarieties. A genetic marker profile can be used, for example, toidentify plants of the same variety or related varieties or to determineor validate a pedigree. In addition to being used for identification ofcanola variety 45M38 and its plant parts, the genetic marker profile isalso useful in developing a locus conversion of 45M38.

Methods of isolating nucleic acids from canola plants and methods forperforming genetic marker profiles using SNP and SSR polymorphisms areknown in the art. SNPs are genetic markers based on a polymorphism in asingle nucleotide. A marker system based on SNPs can be highlyinformative in linkage analysis relative to other marker systems in thatmultiple alleles may be present.

A method comprising isolating nucleic acids, such as DNA, from a plant,a plant part, plant cell or a seed of the canola varieties disclosedherein is provided. The method can include mechanical, electrical and/orchemical disruption of the plant, plant part, plant cell or seed,contacting the disrupted plant, plant part, plant cell or seed with abuffer or solvent, to produce a solution or suspension comprisingnucleic acids, optionally contacting the nucleic acids with aprecipitating agent to precipitate the nucleic acids, optionallyextracting the nucleic acids, and optionally separating the nucleicacids such as by centrifugation or by binding to beads or a column, withsubsequent elution, or a combination thereof. If DNA is being isolated,an RNase can be included in one or more of the method steps. The nucleicacids isolated can comprise all or substantially all of the genomic DNAsequence, all or substantially all of the chromosomal DNA sequence orall or substantially all of the coding sequences (cDNA) of the plant,plant part, or plant cell from which they were isolated. The nucleicacids isolated can comprise all, substantially all, or essentially allof the genetic complement of the plant. The nucleic acids isolated cancomprise a genetic complement of the canola variety. The amount and typeof nucleic acids isolated may be sufficient to permit whole genomesequencing of the plant from which they were isolated or chromosomalmarker analysis of the plant from which they were isolated.

The methods can be used to produce nucleic acids from the plant, plantpart, seed or cell, which nucleic acids can be, for example, analyzed toproduce data. The data can be recorded. The nucleic acids from thedisrupted cell, the disrupted plant, plant part, plant cell or seed orthe nucleic acids following isolation or separation can be contactedwith primers and nucleotide bases, and/or a polymerase to facilitate PCRsequencing or marker analysis of the nucleic acids. In some examples,the nucleic acids produced can be sequenced or contacted with markers toproduce a genetic profile, a molecular profile, a marker profile, ahaplotype, or any combination thereof. In some examples, the geneticprofile or nucleotide sequence is recorded on a computer readablemedium. In other examples, the methods may further comprise using thenucleic acids produced from plants, plant parts, plant cells or seeds ina plant breeding program, for example in making crosses, selectionand/or advancement decisions in a breeding program. Crossing includesany type of plant breeding crossing method, including but not limited tocrosses to produce hybrids, outcrossing, selfing, backcrossing, locusconversion, introgression and the like.

Favorable genotypes and or marker profiles, optionally associated with atrait of interest, may be identified by one or more methodologies. Insome examples one or more markers are used, including but not limited toAFLPs, RFLPs, ASH, SSRs, SNPs, indels, padlock probes, molecularinversion probes, microarrays, sequencing, and the like. In somemethods, a target nucleic acid is amplified prior to hybridization witha probe. In other cases, the target nucleic acid is not amplified priorto hybridization, such as methods using molecular inversion probes (see,for example Hardenbol et al. (2003) Nat Biotech 21:673-678. In someexamples, the genotype related to a specific trait is monitored, whilein other examples, a genome-wide evaluation including but not limited toone or more of marker panels, library screens, association studies,microarrays, gene chips, expression studies, or sequencing such aswhole-genome resequencing and genotyping-by-sequencing (GBS) may beused. In some examples, no target-specific probe is needed, for exampleby using sequencing technologies, including but not limited tonext-generation sequencing methods (see, for example, Metzker (2010) NatRev Genet 11:31-46; and, Egan et al. (2012) Am J Bot 99:175-185) such assequencing by synthesis (e.g., Roche 454 pyrosequencing, Illumina GenomeAnalyzer, and Ion Torrent PGM or Proton systems), sequencing by ligation(e.g., SOLiD from Applied Biosystems, and Polnator system from AzcoBiotech), and single molecule sequencing (SMS or third-generationsequencing) which eliminate template amplification (e.g., Helicossystem, and PacBio RS system from Pacific BioSciences). Furthertechnologies include optical sequencing systems (e.g., Starlight fromLife Technologies), and nanopore sequencing (e.g., GridION from OxfordNanopore Technologies). Each of these may be coupled with one or moreenrichment strategies for organellar or nuclear genomes in order toreduce the complexity of the genome under investigation via PCR,hybridization, restriction enzyme (see, e.g., Elshire et al. (2011) PLoSONE 6:e19379), and expression methods. In some examples, no referencegenome sequence is needed in order to complete the analysis. 45M38 andits plant parts can be identified through a molecular marker profile.Such plant parts may be either diploid or haploid. Also encompassed anddescribed are plants and plant parts substantially benefiting from theuse of variety 45M38 in their development, such as variety 45M38comprising a locus conversion or single locus conversion.

Hybrid 45M38 can be advantageously used in accordance with the breedingmethods described herein and those known in the art to produce hybridsand other progeny plants retaining desired trait combinations of 45M38.Disclosed are methods for producing a canola plant by crossing a firstparent canola plant with a second parent canola plant wherein either thefirst or second parent canola plant is canola variety 45M38. Further,both first and second parent canola plants can come from the canolavariety 45M38. Either the first or the second parent plant may be malesterile. Methods for producing subsequent generations of seed from seedof variety 45M38, harvesting the subsequent generation of seed; andplanting the subsequent generation of seed are provided.

Still further provided are methods for producing a 45M38-derived canolaplant by crossing canola variety 45M38 with a second canola plant andgrowing the progeny seed, and repeating the crossing and growing stepswith the canola 45M38-derived plant from 1 to 2 times, 1 to 3 times, 1to 4 times, or 1 to 5 times. Thus, any such methods using the canolavariety 45M38 are part of this discovery: open pollination, selfing,backcrosses, hybrid production, crosses to populations, and the like.All plants produced using canola variety 45M38 as a parent are withinthe scope of this discovery, including plants derived from canolavariety 45M38. This includes canola lines derived from 45M38 whichinclude components for either male sterility or for restoration offertility. Advantageously, the canola variety is used in crosses withother, different, canola plants to produce first generation (F1) canolahybrid seeds and plants with superior characteristics.

The discovery also includes a single-gene locus conversion or a singlelocus conversion of 45M38. A single locus conversion occurs when DNAsequences are introduced or modified through traditional breedingtechniques, such as backcrossing or through transformation. DNAsequences, whether naturally occurring, modified as disclosed herein, ortransgenes, may be introduced using traditional breeding techniques.Desired traits transferred through this process include, but are notlimited to, fertility restoration, fatty acid profile modification,other nutritional enhancements, industrial enhancements, diseaseresistance, insect resistance, herbicide resistance and yieldenhancements. The trait of interest is transferred from the donor parentto the recurrent parent, in this case, the canola plant disclosedherein. Single-gene traits may result from the transfer of either adominant allele or a recessive allele. Selection of progeny containingthe trait of interest is done by direct selection for a trait associatedwith a dominant allele. Selection of progeny for a trait that istransferred via a recessive allele will require growing and selfing thefirst backcross to determine which plants carry the recessive alleles.Recessive traits may require additional progeny testing in successivebackcross generations to determine the presence of the gene of interest.

It should be understood that the canola varieties disclosed herein,through routine manipulation by cytoplasmic genes, nuclear genes, orother factors, can be produced in a male-sterile or restorer form.Canola variety 45M38 can be manipulated to be male sterile by any of anumber of methods known in the art, including by the use of mechanicalmethods, chemical methods, self-incompatibility (SI), cytoplasmic malesterility (CMS) (either Ogura or another system), or nuclear malesterility (NMS). The term “manipulated to be male sterile” refers to theuse of any available techniques to produce a male sterile version ofcanola variety 45M38. The male sterility may be either partial orcomplete male sterility. Also disclosed are seed and plants produced bythe use of Canola variety 45M38. Canola variety 45M38 can also furthercomprise a component for fertility restoration of a male sterile plant,such as an Rf restorer gene. In this case, canola variety 45M38 couldthen be used as the male plant in seed production.

Also provided is the use of 45M38 in tissue culture. As used herein, theterm plant includes plant protoplasts, plant cell tissue cultures fromwhich canola plants can be regenerated, plant calli, plant clumps, andplant cells that are intact in plants or parts of plants, such asembryos, pollen, ovules, seeds, flowers, kernels, ears, cobs, leaves,husks, stalks, roots, root tips, anthers, silk and the like. Pauls, etal., (2006) (Canadian J of Botany 84(4):668-678) confirmed that tissueculture as well as microspore culture for regeneration of canola plantscan be accomplished successfully.

The utility of canola variety 45M38 also extends to crosses with otherspecies. Commonly, suitable species include those of the familyBrassicae.

The advent of new molecular biological techniques has allowed theisolation and characterization of genetic elements with specificfunctions, such as encoding specific protein products. Any DNAsequences, whether from a different species or from the same speciesthat are inserted into the genome using transformation are referred toherein collectively as “transgenes”. Transformed versions of the claimedcanola variety 45M38 are provided in which transgenes are inserted,introgressed or achieved through genetic modification of nativesequences.

Numerous methods for plant transformation have been developed, includingbiological and physical plant transformation protocols. See, forexample, Rani et al., “Genetic transformation in oilseed brassicas: areview” in Indian J Agric Sci, 83: 367 (2013) and Ziemienowicz“Agrobacterium-mediated plant transformation: Factors, applications andrecent advances” Biocatalysis and Agric Biol 3: 95 (2014). In addition,expression vectors and in vitro culture methods for plant cell or tissuetransformation and regeneration of plants are available. See, forexample, Gruber, et al., “Vectors for Plant Transformation” in Methodsin Plant Molecular Biology and Biotechnology, Glick and Thompson, Eds.(CRC Press, Inc., Boca Raton, 1993) pages 89-119.

In general, methods to transform, modify, edit or alter plant endogenousgenomic DNA include altering the plant native DNA sequence or apre-existing transgenic sequence including regulatory elements, codingand non-coding sequences. These methods can be used, for example, totarget nucleic acids to pre-engineered target recognition sequences inthe genome. Such pre-engineered target sequences may be introduced bygenome editing or modification. As an example, a genetically modifiedplant variety is generated using “custom” or engineered endonucleasessuch as meganucleases produced to modify plant genomes (see e.g., WO2009/114321; Gao et al. (2010) Plant Journal 1:176-187). Anothersite-directed engineering method is through the use of zinc fingerdomain recognition coupled with the restriction properties ofrestriction enzyme. See e.g., Urnov, et al., (2010) Nat Rev Genet.11(9):636-46; Shukla, et al., (2009) Nature 459 (7245):437-41. Atranscription activator-like (TAL) effector-DNA modifying enzyme (TALEor TALEN) is also used to engineer changes in plant genome. See e.g.,US20110145940, Cermak et al., (2011) Nucleic Acids Res. 39(12) and Bochet al., (2009), Science 326(5959): 1509-12. Site-specific modificationof plant genomes can also be performed using the bacterial type IICRISPR (clustered regularly interspaced short palindromic repeats)/Cas(CRISPR-associated) system. See e.g., Belhaj et al., (2013), Plant

Methods 9: 39; The Cas9/guide RNA-based system allows targeted cleavageof genomic DNA guided by a customizable small noncoding RNA in plants(see e.g., WO 2015026883A1).

Plant transformation methods may involve the construction of anexpression vector. Such a vector comprises a DNA sequence that containsa gene under the control of or operatively linked to a regulatoryelement, for example a promoter. The vector may contain one or moregenes and one or more regulatory elements.

One or more traits which may be modified or introduced in the plants andmethods disclosed herein include male sterility, herbicide resistance,insect resistance, pest resistance, modified fatty acid metabolism,modified carbohydrate metabolism, modified seed yield, modified oilpercent, modified protein percent, modified lodging resistance andmodified resistance to bacterial disease, fungal disease or viraldisease.

A genetic trait which has been engineered or modified into a particularcanola plant using transformation techniques could be moved into anotherline using traditional breeding techniques that are well known in theplant breeding arts. For example, a backcrossing approach could be usedto move a transgene from a transformed canola plant to an elite inbredline and the resulting progeny would comprise a transgene. Also, if aninbred line was used for the transformation then the transgenic plantscould be crossed to a different line in order to produce a transgenichybrid canola plant. As used herein, “crossing” can refer to a simple Xby Y cross, or the process of backcrossing, depending on the context.Various genetic elements can be introduced into the plant genome usingtransformation. These elements include but are not limited to genes;coding sequences; inducible, constitutive, and tissue specificpromoters; enhancing sequences; and signal and targeting sequences. See,e.g. U.S. Pat. No. 6,222,101.

With transformed plants according to the present discovery, a foreign ormodified protein can be produced in commercial quantities. Thus,techniques for the selection and propagation of transformed plants,which are well understood in the art, yield a plurality of transgenicplants which are harvested in a conventional manner, and a foreignprotein then can be extracted from a tissue of interest or from totalbiomass. Protein extraction from plant biomass can be accomplished byknown methods which are discussed, for example, by Heney and Orr, (1981)Anal. Biochem. 114:92-96.

A genetic map can be generated, primarily via conventional RestrictionFragment Length Polymorphisms (RFLP), Polymerase Chain Reaction (PCR)analysis, Simple Sequence Repeats (SSR), and Single NucleotidePolymorphisms (SNPs), which identifies the approximate chromosomallocation of the integrated DNA molecule coding for the foreign protein.Map information concerning chromosomal location is useful forproprietary protection of a subject transgenic plant. If unauthorizedpropagation is undertaken and crosses made with other germplasm, the mapof the integration region can be compared to similar maps for suspectplants, to determine if the latter have a common parentage with thesubject plant. Map comparisons would involve hybridizations, RFLP, PCR,SSR, SNP, and sequencing, all of which are conventional techniques.

Likewise, by means of the present discovery, plants can be geneticallyengineered to express various phenotypes of agronomic interest.Exemplary transgenes implicated in this regard include, but are notlimited to, those categorized below.

-   1. Genes that confer resistance to pests or disease and that encode:

(A) Plant disease resistance genes. Plant defenses are often activatedby specific interaction between the product of a disease resistance gene(R) in the plant and the product of a corresponding avirulence (Avr)gene in the pathogen. A plant variety can be transformed with clonedresistance gene to engineer plants that are resistant to specificpathogen strains. See, for example Jones, et al., (1994) Science 266:789(cloning of the tomato Cf-9 gene for resistance to Cladosporium fulvum);Martin, et al., (1993) Science 262:1432 (tomato Pto gene for resistanceto Pseudomonas syringae pv. tomato encodes a protein kinase); Mindrinos,et al., (1994) Cell 78:1089 (Arabidopsis RSP2 gene for resistance toPseudomonas syringae); McDowell and Woffenden, (2003) Trends Biotechnol.21(4):178-83 and Toyoda, et al., (2002) Transgenic Res. 11(6):567-82. Aplant resistant to a disease is one that is more resistant to a pathogenas compared to the wild type plant.

(B) A gene conferring resistance to fungal pathogens, such as oxalateoxidase or oxalate decarboxylase (Zhou, et al., (1998) Pl. Physiol.117(1):33-41).

(C) A Bacillus thuringiensis (Bt) protein, a derivative thereof or asynthetic polypeptide modeled thereon. See, for example, Geiser, et al.,(1986) Gene 48:109, who disclose the cloning and nucleotide sequence ofa Bt delta-endotoxin gene. Moreover, DNA molecules encodingdelta-endotoxin genes can be purchased from American Type CultureCollection (Manassas, Va.), for example, under ATCC Accession Numbers.40098, 67136, 31995 and 31998. Other examples of Bacillus thuringiensistransgenes being genetically engineered are given in the followingpatents and patent applications: 5,188,960; 5,689,052; 5,880,275; WO91/114778; WO 99/31248; WO 01/12731; WO 99/24581; WO 97/40162.

(D) An insect-specific hormone or pheromone such as an ecdysteroid andjuvenile hormone, a variant thereof, a mimetic based thereon, or anantagonist or agonist thereof. See, for example, the disclosure byHammock, et al., (1990) Nature 344:458, of baculovirus expression ofcloned juvenile hormone esterase, an inactivator of juvenile hormone.

(E) An insect-specific peptide which, upon expression, disrupts thephysiology of the affected pest. For example, see the disclosures ofRegan, (1994) J. Biol. Chem. 269:9 (expression cloning yields DNA codingfor insect diuretic hormone receptor) and Pratt, et al., (1989) Biochem.Biophys. Res. Comm. 163:1243 (an allostatin is identified in Diplopterapuntata); Chattopadhyay, et al., (2004) Critical Reviews in Microbiology30(1):33-54 2004; Zjawiony, (2004) J Nat Prod 67(2):300-310; Carlini andGrossi-de-Sa, (2002) Toxicon 40(11):1515-1539; Ussuf, et al., (2001)Curr Sci. 80(7):847-853 and Vasconcelos and Oliveira, (2004) Toxicon44(4):385-403. See also, U.S. Pat. No. 5,266,317 to Tomalski, et al.,who disclose genes encoding insect-specific, paralytic neurotoxins.

(F) An enzyme responsible for a hyperaccumulation of a monoterpene, asesquiterpene, a steroid, hydroxamic acid, a phenylpropanoid derivativeor another non-protein molecule with insecticidal activity.

(G) An enzyme involved in the modification, including thepost-translational modification, of a biologically active molecule; forexample, a glycolytic enzyme, a proteolytic enzyme, a lipolytic enzyme,a nuclease, a cyclase, a transaminase, an esterase, a hydrolase, aphosphatase, a kinase, a phosphorylase, a polymerase, an elastase, achitinase and a glucanase, whether natural or synthetic. See PCTApplication Number WO 93/02197 in the name of Scott, et al., whichdiscloses the nucleotide sequence of a callase gene. DNA molecules whichcontain chitinase-encoding sequences can be obtained, for example, fromthe ATCC under Accession Numbers 39637 and 67152. See also, Kramer, etal., (1993) Insect Biochem. Molec. Biol. 23:691, who teach thenucleotide sequence of a cDNA encoding tobacco hookworm chitinase, andKawalleck et al., (1993) Plant Molec. Biol. 21:673, who provide thenucleotide sequence of the parsley ubi4-2 polyubiquitin gene, U.S.patent application Ser. Nos. 10/389,432, 10/692,367 and U.S. Pat. No.6,563,020.

(H) A molecule that stimulates signal transduction. For example, see thedisclosure by Botella, et al., (1994) Plant Molec. Biol. 24:757, ofnucleotide sequences for mung bean calmodulin cDNA clones, and Griess,et al., (1994) Plant

Physiol. 104:1467, who provide the nucleotide sequence of a maizecalmodulin cDNA clone.

(I) A hydrophobic moment peptide. See, PCT Application Number WO95/16776and U.S. Pat. No. 5,580,852 (disclosure of peptide derivatives ofTachyplesin which inhibit fungal plant pathogens) and PCT ApplicationNumber WO95/18855 and U.S. Pat. No. 5,607,914 (teaches syntheticantimicrobial peptides that confer disease resistance).

(J) A membrane permease, a channel former or a channel blocker. Forexample, see the disclosure by Jaynes, et al., (1993) Plant Sci. 89:43,of heterologous expression of a cecropin-beta lytic peptide analog torender transgenic tobacco plants resistant to Pseudomonas solanacearum.

(K) A viral-invasive protein or a complex toxin derived therefrom. Forexample, the accumulation of viral coat proteins in transformed plantcells imparts resistance to viral infection and/or disease developmenteffected by the virus from which the coat protein gene is derived, aswell as by related viruses. See Beachy, et al., (1990) Ann. Rev.Phytopathol. 28:451. Coat protein-mediated resistance has been conferredupon transformed plants against alfalfa mosaic virus, cucumber mosaicvirus, tobacco streak virus, potato virus X, potato virus Y, tobaccoetch virus, tobacco rattle virus and tobacco mosaic virus. Id.

(L) An insect-specific antibody or an immunotoxin derived therefrom.Thus, an antibody targeted to a critical metabolic function in theinsect gut would inactivate an affected enzyme, killing the insect. Cf.Taylor, et al., Abstract #497, SEVENTH INT'L SYMPOSIUM ON MOLECULARPLANT-MICROBE INTERACTIONS (Edinburgh, Scotland, 1994) (enzymaticinactivation in transgenic tobacco via production of single-chainantibody fragments).

(M) A virus-specific antibody. See, for example, Tavladoraki, et al.,(1993)

Nature 366:469, who show that transgenic plants expressing recombinantantibody genes are protected from virus attack.

(N) A developmental-arrestive protein produced in nature by a pathogenor a parasite. Thus, fungal endo alpha-1,4-D-polygalacturonasesfacilitate fungal colonization and plant nutrient release bysolubilizing plant cell wall homo-alpha-1,4-D-galacturonase. See, Lamb,et al., (1992) Bio/Technology 10:1436. The cloning and characterizationof a gene which encodes a bean endopolygalacturonase-inhibiting proteinis described by Toubart, et al., (1992) Plant J. 2:367.

(O) A developmental-arrestive protein produced in nature by a plant. Forexample, Logemann, et al., (1992) Bio/Technology 10:305, have shown thattransgenic plants expressing the barley ribosome-inactivating gene havean increased resistance to fungal disease.

(P) Genes involved in the Systemic Acquired Resistance (SAR) Responseand/or the pathogenesis related genes. Briggs, (1995) Current Biology5(2):128-131, Pieterse and Van Loon, (2004) Curr. Opin. Plant Bio7(4):456-64 and Somssich, (2003) Cell 113(7):815-6.

(Q) Antifungal genes (Cornelissen and Melchers, (1993) Pl. Physiol.101:709-712 and Parijs, et al., (1991) Planta 183:258-264 and Bushnell,et al., (1998) Can. J. of Plant Path. 20(2):137-149. Also see, U.S.patent application Ser. No. 09/950,933.

(R) Detoxification genes, such as for fumonisin, beauvericin,moniliformin and zearalenone and their structurally related derivatives.For example, see, U.S. Pat. No. 5,792,931.

(S) Cystatin and cysteine proteinase inhibitors. See, U.S. patentapplication Ser. No. 10/947,979.

(T) Defensin genes. See, WO03/000863 and U.S. patent application Ser.No. 10/178,213.

(U) Genes that confer resistance to Phytophthora Root Rot, such as theBrassica equivalents of the Rps 1, Rps 1-a, Rps 1-b, Rps 1-c, Rps 1-d,Rps 1-e, Rps 1-k, Rps 2, Rps 3-a, Rps 3-b, Rps 3-c, Rps 4, Rps 5, Rps 6,Rps 7 and other Rps genes.

-   2. Genes that confer resistance to a herbicide, for example:

(A) A herbicide that inhibits the growing point or meristem, such as animidazalinone or a sulfonylurea. Exemplary genes in this category codefor mutant ALS and AHAS enzyme as described, for example, by Lee, etal., (1988) EMBO J. 7:1241, and Miki, et al., (1990) Theor. Appl. Genet.80:449, respectively. See also, U.S. Pat. Nos. 5,605,011; 5,013,659;5,141,870; 5,767,361; 5,731,180; 5,304,732; 4,761,373; 5,331,107;5,928,937 and 5,378,824; and international publication WO 96/33270.

(B) Glyphosate (resistance imparted by mutant5-enolpyruvl-3-phosphikimate synthase (EPSP) and aroA genes,respectively) and other phosphono compounds such as glufosinate(phosphinothricin acetyl transferase, PAT) and Streptomyceshygroscopicus phosphinothricin-acetyl transferase, bar, genes), andpyridinoxy or phenoxy propionic acids and cycloshexones (ACCaseinhibitor-encoding genes). See, for example, U.S. Pat. No. 4,940,835 toShah, et al., which discloses the nucleotide sequence of a form of EPSPwhich can confer glyphosate resistance. See also, U.S. Pat. No.7,405,074, and related applications, which disclose compositions andmeans for providing glyphosate resistance. U.S. Pat. No. 5,627,061 toBarry, et al., also describes genes encoding EPSPS enzymes. See also,U.S. Pat. Nos. 6,566,587; 6,338,961; 6,248,876 B1; 6,040,497; 5,804,425;5,633,435; 5,145,783; 4,971,908; 5,312,910; 5,188,642; 4,940,835;5,866,775; 6,225,114 B1; 6,130,366; 5,310,667; 4,535,060; 4,769,061;5,633,448; 5,510,471; Re. 36,449; RE 37,287 E; and 5,491,288; andinternational publications EP1173580; WO 01/66704; EP1173581 andEP1173582. A DNA molecule encoding a mutant aroA gene can be obtainedunder ATCC Accession Number 39256, and the nucleotide sequence of themutant gene is disclosed in U.S. Pat. No. 4,769,061 to Comai. EuropeanPatent Application Number 0 333 033 to Kumada, et al., and U.S. Pat. No.4,975,374 to Goodman, et al., disclose nucleotide sequences of glutaminesynthetase genes which confer resistance to herbicides such asL-phosphinothricin. The nucleotide sequence of aphosphinothricin-acetyl-transferase gene is provided in EuropeanApplication Number 0 242 246 to Leemans, et al., De Greef, et al.,(1989) Bio/Technology 7:61, describe the production of transgenic plantsthat express chimeric bar genes coding for phosphinothricin acetyltransferase activity. See also, U.S. Pat. Nos. 5,969,213; 5,489,520;5,550,318; 5,874,265; 5,919,675; 5,561,236; 5,648,477; 5,646,024;6,177,616 B1 and 5,879,903. Exemplary of genes conferring resistance tophenoxy propionic acids and cycloshexones, such as sethoxydim andhaloxyfop, are the Acc1-S1, Acc1-S2 and Acc1-S3 genes described byMarshall, et al., (1992) Theor. Appl. Genet. 83:435. See also, U.S. Pat.Nos. 5,188,642; 5,352,605; 5,530,196; 5,633,435; 5,717,084; 5,728,925;5,804,425 and Canadian Patent Number 1,313,830.

(C) A herbicide that inhibits photosynthesis, such as a triazine (psbAand gs+genes) and a benzonitrile (nitrilase gene). Przibilla, et al.,(1991) Plant Cell 3:169, describe the transformation of Chlamydomonaswith plasmids encoding mutant psbA genes. Nucleotide sequences fornitrilase genes are disclosed in U.S. Pat. No. 4,810,648 to Stalker, andDNA molecules containing these genes are available under ATCC AccessionNumbers 53435, 67441 and 67442. Cloning and expression of DNA coding fora glutathione S-transferase is described by Hayes, et al., (1992)Biochem. J. 285:173.

(D) Acetohydroxy acid synthase, which has been found to make plants thatexpress this enzyme resistant to multiple types of herbicides, has beenintroduced into a variety of plants (see, e.g., Hattori, et al., (1995)Mol Gen Genet 246:419). Other genes that confer tolerance to herbicidesinclude: a gene encoding a chimeric protein of rat cytochrome P4507A1and yeast NADPH-cytochrome P450 oxidoreductase (Shiota, et al., (1994)Plant Physiol 106:17), genes for glutathione reductase and superoxidedismutase (Aono, et al., (1995) Plant Cell Physiol 36:1687, and genesfor various phosphotransferases (Datta, et al., (1992) Plant Mol Biol20:619).

(E) Protoporphyrinogen oxidase (protox) is necessary for the productionof chlorophyll, which is necessary for all plant survival. The protoxenzyme serves as the target for a variety of herbicidal compounds. Theseherbicides also inhibit growth of all the different species of plantspresent, causing their total destruction. The development of plantscontaining altered protox activity which are resistant to theseherbicides are described in U.S. Pat. Nos. 6,288,306 B1; 6,282,837 B1;and 5,767,373; and international publication WO 01/12825.

-   3. Transgenes that confer or contribute to an altered grain    characteristic, such as:

(A) Altered fatty acids, for example, by

-   -   (1) Down-regulation of stearoyl-ACP desaturase to increase        stearic acid content of the plant. See, Knultzon, et al., (1992)        Proc. Natl. Acad. Sci. USA 89:2624 and WO99/64579 (Genes for        Desaturases to Alter Lipid Profiles in Corn),    -   (2) Elevating oleic acid via FAD-2 gene modification and/or        decreasing linolenic acid via FAD-3 gene modification (see, U.S.        Pat. Nos. 6,063,947; 6,323,392; 6,372,965 and WO 93/11245),    -   (3) Altering conjugated linolenic or linoleic acid content, such        as in WO 01/12800,    -   (4) Altering LEC1, AGP, Dek1, Superal1, mi1ps, various Ipa genes        such as Ipat Ipa3, hpt or hggt. For example, see WO 02/42424, WO        98/22604, WO 03/011015, U.S. Pat. Nos. 6,423,886, 6,197,561,        6,825,397, US Patent Application Publication Numbers        2003/0079247, 2003/0204870, WO02/057439, WO03/011015 and        Rivera-Madrid, et al., (1995) Proc. Natl. Acad. Sci.        92:5620-5624.

(B) Altered phosphate content, for example, by the

-   -   (1) Introduction of a phytase-encoding gene would enhance        breakdown of phytate, adding more free phosphate to the        transformed plant. For example, see, Van Hartingsveldt, et        al., (1993) Gene 127:87, for a disclosure of the nucleotide        sequence of an Aspergillus niger phytase gene.    -   (2) Up-regulation of a gene that reduces phytate content.

(C) Altered carbohydrates effected, for example, by altering a gene foran enzyme that affects the branching pattern of starch, a gene alteringthioredoxin. (See, U.S. Pat. No. 6,531,648). See, Shiroza, et al.,(1988) J. Bacteriol 170:810 (nucleotide sequence of Streptococcus mutansfructosyltransferase gene), Steinmetz, et al., (1985) Mol. Gen. Genet.200:220 (nucleotide sequence of Bacillus subtilis levansucrase gene),Pen, et al., (1992) Bio/Technology 10:292 (production of transgenicplants that express Bacillus licheniformis alpha-amylase), Elliot, etal., (1993) Plant Molec Biol 21:515 (nucleotide sequences of tomatoinvertase genes), Segaard, et al., (1993) J. Biol. Chem. 268:22480(site-directed mutagenesis of barley alpha-amylase gene) and Fisher, etal., (1993) Plant Physiol 102:1045 (maize endosperm starch branchingenzyme II), WO 99/10498 (improved digestibility and/or starch extractionthrough modification of UDP-D-xylose 4-epimerase, Fragile 1 and 2, Ref1,HCHL, C4H), U.S. Pat. No. 6,232,529 (method of producing high oil seedby modification of starch levels (AGP)). The fatty acid modificationgenes mentioned above may also be used to affect starch content and/orcomposition through the interrelationship of the starch and oilpathways.

(D) Altered antioxidant content or composition, such as alteration oftocopherol or tocotrienols. For example, see, U.S. Pat. No. 6,787,683,US Patent Application Publication Number 2004/0034886 and WO 00/68393involving the manipulation of antioxidant levels through alteration of aphytl prenyl transferase (ppt), WO 03/082899 through alteration of ahomogentisate geranyl geranyl transferase (hggt).

(E) Altered essential seed amino acids. For example, see, U.S. Pat. No.6,127,600 (method of increasing accumulation of essential amino acids inseeds), U.S. Pat. No. 6,080,913 (binary methods of increasingaccumulation of essential amino acids in seeds), U.S. Pat. No. 5,990,389(high lysine), WO99/40209 (alteration of amino acid compositions inseeds), WO99/29882 (methods for altering amino acid content ofproteins), U.S. Pat. No. 5,850,016 (alteration of amino acidcompositions in seeds), W098/20133 (proteins with enhanced levels ofessential amino acids), U.S. Pat. No. 5,885,802 (high methionine), U.S.Pat. No. 5,885,801 (high threonine), U.S. Pat. No. 6,664,445 (plantamino acid biosynthetic enzymes), U.S. Pat. No. 6,459,019 (increasedlysine and threonine), U.S. Pat. No. 6,441,274 (plant tryptophansynthase beta subunit), U.S. Pat. No. 6,346,403 (methionine metabolicenzymes), U.S. Pat. No. 5,939,599 (high sulfur), U.S. Pat. No. 5,912,414(increased methionine), WO98/56935 (plant amino acid biosyntheticenzymes), WO98/45458 (engineered seed protein having higher percentageof essential amino acids), WO98/42831 (increased lysine), U.S. Pat. No.5,633,436 (increasing sulfur amino acid content), U.S. Pat. No.5,559,223 (synthetic storage proteins with defined structure containingprogrammable levels of essential amino acids for improvement of thenutritional value of plants), WO96/01905 (increased threonine),WO95/15392 (increased lysine), US Patent Application Publication Number2003/0163838, US Patent Application Publication Number 2003/0150014, USPatent Application Publication Number 2004/0068767, U.S. Pat. No.6,803,498, WO01/79516, and WO00/09706 (Ces A: cellulose synthase), U.S.Pat. No. 6,194,638 (hemicellulose), U.S. Pat. No. 6,399,859 and USPatent Application Publication Number 2004/0025203 (UDPGdH), U.S. Pat.No. 6,194,638 (RGP).

-   4. Genes that control pollination, hybrid seed production, or    male-sterility:

There are several methods of conferring genetic male sterilityavailable, such as multiple mutant genes at separate locations withinthe genome that confer male sterility, as disclosed in U.S. Pat. Nos.4,654,465 and 4,727,219 to Brar, et al., and chromosomal translocationsas described by Patterson in U.S. Pat. Nos. 3,861,709 and 3,710,511. Inaddition to these methods, Albertsen, et al., U.S. Pat. No. 5,432,068,describe a system of nuclear male sterility which includes: identifyinga gene which is needed for male fertility; silencing this native genewhich is needed for male fertility; removing the native promoter fromthe essential male fertility gene and replacing it with an induciblepromoter; inserting this genetically engineered gene back into theplant; and thus creating a plant that is male sterile because theinducible promoter is not “on” resulting in the male fertility gene notbeing transcribed. Fertility is restored by inducing, or turning “on”,the promoter, which in turn allows the gene that confers male fertilityto be transcribed.

(A) Introduction of a deacetylase gene under the control of atapetum-specific promoter and with the application of the chemicalN-Ac-PPT (WO 01/29237).

(B) Introduction of various stamen-specific promoters (WO 92/13956, WO92/13957).

(C) Introduction of the barnase and the barstar gene (Paul, et al.,(1992) Plant Mol. Biol. 19:611-622).

For additional examples of nuclear male and female sterility systems andgenes, see also, U.S. Pat. Nos. 5,859,341; 6,297,426; 5,478,369;5,824,524; 5,850,014 and 6,265,640.

Also see, U.S. Pat. No. 5,426,041 (discovery relating to a method forthe preparation of a seed of a plant comprising crossing a male sterileplant and a second plant which is male fertile), U.S. Pat. No. 6,013,859(molecular methods of hybrid seed production) and U.S. Pat. No.6,037,523 (use of male tissue-preferred regulatory region in mediatingfertility).

5. Genes that create a site for site specific DNA integration.

This includes the introduction of FRT sites that may be used in theFLP/FRT system and/or Lox sites that may be used in the Cre/Loxp system.For example, see, Lyznik, et al., (2003) “Site-Specific Recombinationfor Genetic Engineering in Plants”, Plant Cell Rep 21:925-932 and WO99/25821. Other systems that may be used include the Gin recombinase ofphage Mu (Maeser, et al., 1991), the Pin recombinase of E. coli(Enomoto, et al., 1983), and the R/RS system of the pSR1 plasmid (Araki,et al., 1992).

-   6. Genes that affect abiotic stress resistance (including but not    limited to flowering, ear and seed development, enhancement of    nitrogen utilization efficiency, altered nitrogen responsiveness,    drought resistance or tolerance, cold resistance or tolerance, and    salt resistance or tolerance) and increased yield under stress.

For example, see, WO 00/73475 where water use efficiency is alteredthrough alteration of malate; see, e.g., U.S. Pat. Nos. 5,892,009,5,965,705, 5,929,305, 5,891,859, 6,417,428, 6,664,446, 6,706,866,6,717,034, 6,801,104, describing genes, including CBF genes andtranscription factors effective in mitigating the negative effects offreezing, high salinity, and drought on plants, as well as conferringother positive effects on plant phenotype; US Patent ApplicationPublication Number 2004/0148654 and WO01/36596 where abscisic acid isaltered in plants resulting in improved plant phenotype such asincreased yield and/or increased tolerance to abiotic stress;WO2000/006341, WO04/090143, U.S. patent application Ser. Nos. 10/817483and 09/545,334 where cytokinin expression is modified resulting inplants with increased stress tolerance, such as drought tolerance,and/or increased yield. Also see WO0202776, WO03052063, JP2002281975,U.S. Pat. No. 6,084,153, WO0164898, U.S. Pat. Nos. 6,177,275 and6,107,547 (enhancement of nitrogen utilization and altered nitrogenresponsiveness). For ethylene alteration, see, US Patent ApplicationPublication Numbers 2004/0128719, 2003/0166197 and WO200032761. Forplant transcription factors or transcriptional regulators of abioticstress, see e.g., US Patent Application Publication Number 2004/0098764or US Patent Application Publication Number 2004/0078852.

Other genes and transcription factors that affect plant growth andagronomic traits such as yield, flowering, plant growth and/or plantstructure, can be introduced or introgressed into plants, see, e.g.,WO97/49811 (LHY), WO98/56918 (ESD4), WO97/10339 and U.S. Pat. No.6573430 (TFL), U.S. Pat. No. 6713663 (FT), WO96/14414 (CON), WO96/38560,W001/21822 (VRN1), WO00/44918 (VRN2), WO99/49064 (GI), WO00/46358 (FRI),WO97/29123, U.S. Pat. Nos. 6,794,560, 6,307,126 (GAI), WO99/09174 (D8and Rht), and WO2004076638 and WO2004031349 (transcription factors).

Seed Cleaning

Disclosed are methods for producing cleaned canola seed by cleaning seedof variety 45M38. “Cleaning a seed” or “seed cleaning” refers to theremoval of foreign material from the surface of the seed. Foreignmaterial to be removed from the surface of the seed includes but is notlimited to fungi, bacteria, insect material, including insect eggs,larvae, and parts thereof, and any other pests that exist on the surfaceof the seed. The terms “cleaning a seed” or “seed cleaning” also referto the removal of any debris or low quality, infested, or infected seedsand seeds of different species that are foreign to the sample.

Seed Treatment

“Treating a seed” or “applying a treatment to a seed” refers to theapplication of a composition to a seed as a coating or otherwise. Thecomposition may be applied to the seed in a seed treatment at any timefrom harvesting of the seed to sowing of the seed. The composition maybe applied using methods including but not limited to mixing in acontainer, mechanical application, tumbling, spraying, misting, andimmersion. Thus, the composition may be applied as a slurry, a mist, ora soak. The composition to be used as a seed treatment can be apesticide, fungicide, insecticide, or antimicrobial. For a generaldiscussion of techniques used to apply fungicides to seeds, see “SeedTreatment,” 2d ed., (1986), edited by K. A Jeffs (chapter 9).

INDUSTRIAL APPLICABILITY

Processing the seed harvested from the plants described herein caninclude one or more of cleaning to remove foreign material and debrissuch as seed pods from the harvested seed, conditioning, such as coolingand/or removal or addition of moisture to the seed, wet milling, drymilling and sifting. The seed of variety 45M38, the plant produced fromsuch seed, various parts of the 45M38 hybrid canola plant or itsprogeny, a canola plant produced from the crossing of the 45M38 variety,and the resulting seed, can be utilized in the production of an ediblevegetable oil or other food products in accordance with knowntechniques. The remaining solid meal component derived from seeds can beused as a nutritious livestock feed. Plants and plant parts describedherein can be processed to produce products such as biodiesel, plastics,protein isolates, adhesives and sealants.

Deposit

Applicant has made a deposit of at least 2500 seeds of canola variety45M38 with the American Type Culture Collection (ATCC), 10801 UniversityBoulevard, Manassas, Va. 20110-2209 USA, ATCC Deposit No. PTA-124074.The seeds deposited with the ATCC on Apr. 13, 2017 for PTA-124074 weretaken from the seed stock maintained by Pioneer Hi-Bred International,Inc., 7250 NW 62^(nd) Avenue, Johnston, Iowa 50131 since prior to thefiling date of this application. Access to this deposit will beavailable during the pendency of the application to the Commissioner ofPatents and Trademarks and persons determined by the Commissioner to beentitled thereto upon request. Upon allowance of any claims in theapplication, the Applicant will make available to the public, pursuantto 37 C.F.R. § 1.808, sample(s) of the deposit of at least 2500 seeds ofcanola variety 45M38 with the American Type Culture Collection (ATCC),10801 University Boulevard, Manassas, Va. 20110-2209. This deposit ofseed of canola variety 45M38 will be maintained in the ATCC depository,which is a public depository, for a period of 30 years, or 5 years afterthe most recent request, or for the enforceable life of the patent,whichever is longer, and will be replaced if it becomes nonviable duringthat period. Additionally, Applicant has satisfied all the requirementsof 37 C.F.R. §§1.801-1.809, including providing an indication of theviability of the sample upon deposit. Applicant has no authority towaive any restrictions imposed by law on the transfer of biologicalmaterial or its transportation in commerce. Applicant(s) do not waiveany infringement of their rights granted under this patent or rightsapplicable to canola hybrid 45M38 under the Plant Variety Protection Act(7 USC 2321 et seq.).

Origin and Breeding

45M38 is a medium-maturing, high-yielding, glyphosate tolerant,fully-restored spring Brassica napus canola hybrid, based on OGU INRAsystem. 45M38 has a resistant “R” rating for Fusarium wilt and isclassified as resistant to blackleg (Leptospaera maculans) according toWCC/RRC guidelines. WCC/RRC is the Western Canada Canola/RapeseedRecommending Committee (WCC/RRC) with procedures Incorporated for theEvaluation and Recommendation for Registration of Canola/RapeseedCandidate Cultivars in Western Canada. It is a single cross hybridproduced by crossing a female parent (male sterile inbred-A line xmaintainer inbred-B line) carrying the glyphosate resistance gene by arestorer—male R line, where A and B lines are genetically alike exceptthe A line carries the OGU INRA cytoplasm, while the B line carries thenormal B. napus cytoplasm.

The maintainer line—B line was developed using backcrossing method froma parental cross where the recurrent parent contributed glyphosateresistance and the donor seedling resistance to blackleg. The lastcrossing was completed in 2011. The selected line was subsequentlyevaluated in Caledon field/shatter nurseries in 2012 for glyphosatetolerance, early maturity, lodging resistance, high oil and protein,total glucosinolates and saturated fats, general vigor, shattertolerance and uniformity. Backcrossing into CMS line for the recurrentparent was carried out concurrently in the greenhouse to transfer theOGU INRA cytoplasm. Breeder Seed for the A line was bulked at BC4.

The Restorer line—R was developed using pedigree method from a complexcross. The last crossing was completed in 2007. The F3 lines from thiscross were evaluated in Ontario nursery in 2009 for presence offertility gene, general vigor, uniformity, maturity, oil %, protein %,total glucosinolates, total saturates etc. Further selfing and selectionwas carried out and F5 lines were again evaluated in Ontario nursery in2010. One of the selected F5 lines produced F6 progeny and was selectedfor further testcross hybrid evaluation. The selected F6 line wasincreased in a cage for planting of Breeder Seed plot which was bulkedat F7.

All hybrid seed for yield trials were produced during off season inChile. Hybrid between the female and male was evaluated in 2015. Firstyear and second year evaluations took place in 2015 and 2016.

Example 1: Varietal Characteristics

Variety 45M38 has shown uniformity and stability for all traits, asdescribed in the following variety description information. The varietyhas been increased with continued observation for uniformity.

Seed Yield 4.3 percent lower than the WCC/RRC checks; 3.3 percent loweryielding than 45H29.

Disease Reaction classified as Resistant to blackleg (Leptospaeramaculans) according to WCC/RRC guidelines. Based on Pioneer Hi-Bredtrials, 45M38 is also resistant (R) to Fusarium wilt.

Plant Height 8.1 cm shorter than mean of the WCC/RRC checks

Maturity 1.2 days earlier maturing than WCC/RRC checks

Lodging similar lodging ratio as hybrid InVigor 5440

Herbicide tolerance tolerant to glyphosate herbicides; field testconfirms that 45M38 tolerates the recommended rate of glyphosate(1.5L/ha) without showing plant injury or any significant negativeeffect on yield, agronomic and quality traits.

Variants exhibits less than 1500/10,000 (<15% glyphosate-susceptibleplants).

Shatter tolerance based on data from Pioneer Hi-Bred trials, 45M38 hassignificantly better shatter tolerance than 45H29 and InVigor 5440

Seed Characteristics

Seed color dark brown

Seed oil content 1.07 percent higher than mean of the WCC/RRC checks

Seed protein content 2.3 percent higher than mean of the WCC/RRC checks

Erucic acid less than 0.5% (maximum allowable limit)

Total saturates 0.28% lower than mean of the WCC/RRC checks

Total glucosinolates canola quality, 3.48 μmol/g lower than the WCC/RRCchecks

Table 1 provides additional data on morphological, agronomic, andquality traits for 45M38 and canola variety 45H29. When preparing thedetailed phenotypic information, plants of the new 45M38 variety wereobserved while being grown using conventional agronomic practices. Forcomparative purposes, 45M38 and 45H29 were similarly grown in areplicated experiment.

TABLE 1 Variety descriptions based on morphological, agronomic andquality trait Trait 45M38 45H29 (Check Variety) Code Trait MeanDescription Mean Description 1 Seasonal Type Spring 2.1 Cotyledon width5 Medium 5 Medium 3 = narrow 5 = medium 7 = wide 2.2 Seedling growth 5 5habit (leaf rosette) 1 = weak rosette 9 = strong rosette 2.3 Stemanthocyanin 1 Absent 1 Absent intensity 1 = absent or very weak 3 = weak5 = medium 7 = strong 9 = very strong 2.4 Leaf type 1 Petiolate 1Petiolate 1 = petiolate 9 = lyrate 2.5 Leaf length 4 Medium/Short 4Medium/Short 3 = short 5 = medium 7 = long 2.6 Leaf width 5 Medium 4Medium/Narrow 3 = narrow 5 = medium 7 = wide 2.7 Leaf color 2 Mediumgreen 2 Medium green 1 = light green 2 = medium green 3 = dark green 4 =blue-green 2.8 Leaf lobe 3 Weak 3 Weak development 1 = absent or veryweak 3 = weak 5 = medium 7 = strong 9 = very strong 2.9 Number of leaf 32 lobes 2.10 Petiole length 3 Short 4 Medium/Short 3 = short 5 = medium7 = long 2.11 Leaf margin shape 3 Sharp 3 Sharp 1 = undulating 2 =rounded 3 = sharp 2.12 Leaf margin 3 Weak 4 Medium/Weak indentation 1 =absent or very weak (very shallow) 3 = weak (shallow) 5 = medium 7 =strong (deep) 9 = very strong (very deep) 2.13 Leaf attachment to 2Partial clasping 2 Partial clasping stem 1 = complete clasping 2 =partial clasping 3 = non-clasping 3.1 Flower date 50 50 (number of daysto 50% of plants having open flowers) 3.2 Plant height at 120 126maturity (cm) 3.3 Flower bud location 1 Buds above 1 Buds above most 1 =buds above most most recently recently opened recently opened openedflowers flowers flowers 9 = buds below most recently opened flowers 3.4Petal color 3 Medium yellow 3 Medium yellow 1 = white 2 = light yellow 3= medium yellow 4 = dark yellow 5 = orange 6 = other 3.5 Petal length 5Medium 5 Medium 3 = short 5 = medium 7 = long 3.6 Petal width 5 Medium 5Medium 3 = narrow 5 = medium 7 = wide 3.7 Petal spacing 4 Touching to 5Touching 1 = open Not Touching 3 = not touching 5 = touching 7 = slightoverlap 9 = strongly overlap 3.8 Anther fertility 9 All anthers 9 Allanthers 1 = sterile shedding pollen shedding pollen 9 = all anthersshedding pollen 3.9 Pod (silique) length 5 Medium 5 Medium 1 = short (<7cm) 5 = medium (7-10 cm) 9 = long (>10 cm) 3.10 Pod (silique) width 5Medium 6 Medium/Wide 3 = narrow (3 mm) 5 = medium (4 mm) 7 = wide (5 mm)3.11 Pod (silique) angle 3 Semi-erect 2 Semi-erect to 1 = erect erect 3= semi-erect 5 = horizontal 7 = slightly drooping 9 = drooping 3.12 Pod(silique) beak 3 Short 5 Medium length 3 = short 5 = medium 7 = long3.13 Pedicel length 3 Short 5 Medium 3 = short 5 = medium 7 = long 3.14Maturity (days from 97.9 98.4 planting) 4 Seed coat color 1.5 Black tobrown 1.5 Black to brown 1 = black 2 = brown 3 = tan 4 = yellow 5 =mixed 6 = other 5.1 Shatter resistance 6 Fair/Good 6 Fair/Good 1 = Nottested 3 = Poor 5 = Fair 7 = Good 9 = Does not shatter 5.2 Lodgingresistance 7 Good 6 Fair/Good 1 = not tested 3 = poor 5 = fair 7 = good9 = excellent 6.1 Blackleg resistance 1 Resistant 0 = not tested 1 =resistant 3 = mod resistant 5 = mod susceptible 7 = susceptible 9 =highly susceptible 6.2 Fusarium wilt 1 Resistant 1 Resistant resistance0 = not tested 1 = resistant 3 = mod resistant 5 = mod susceptible 7 =susceptible 9 = highly susceptible 6.3 White Rust 1 Resistant 1Resistant resistance 0 = not tested 1 = resistant 3 = mod resistant 5 =mod susceptible 7 = susceptible 9 = highly susceptible 7 Tolerance toGlyphosate herbicide tolerant 8.1 Oil content 49.48 49.56 percentage,dry whole seed basis 8.2 Saturated Fats 6.07 6.41 Content (as % totalfatty acids) 8.3 Protein percentage 48.23 46.34 (whole oil-free dry seedbasis) 8.4 Glucosinolates 2 Low (10-15 3 Low (15-20 μmol (μmoles totalμmol per gram) per gram) glucs/g whole seed) 1 = very low (<10) 2 = low(10-15) 3 = medium (15-20) 4 = high (>20) 8.5 Seed chlorophyll 1 low (<8ppm) 1 low (<8 ppm) content (mg/kg seed, 8.5% moisture basis): 1 = low(<8 ppm), 2 = medium (8-15 ppm), 3 = high ((>15 ppm)

Example 2. Herbicide Resistance

Appropriate field tests have shown that 45M38 tolerates the recommendedrate (1.5 L/ha) of glyphosate herbicide without showing plant injury orany significant negative effect on yield, agronomic, or quality traits.This hybrid exhibits less than 1500/10,000 (<15%) glyphosate-susceptibleplants.

TABLE 2 Effect of herbicide application on agronomic and quality traitsof 45M38 in herbicide tolerance trials in 2014 and 2015 % Stand Glue'sYield Reduction Days to Height Days to Oil + @ Variety Treatment q/ha(PCTSR) Flower (cm) Maturity % Oil % Protein Protein 8.5% Chlorophyll2015 Vegreville, Alberta Canada 45M38 2X 24.7 1 55 92 105 49.0 49.1 98.011.9 6.0 45H33 2X 24.7 0 54 105 101 47.3 47.0 94.2 17.3 2.1 CV % 8.1124.8 1.5 7.2 2.1 2.1 2.8 0.8 6.1 55.8 LSD (0.05) 3.3 1.1 1.3 11.9 3.71.7 2.2 1.3 1.4 6.6 SE 1.13 0.35 0.50 4.24 1.27 0.57 0.78 0.50 0.50 2.332015 Carman, Manitoba Canada 45M38 2X 34.7 0 50 117 97 49.1 47.6 96.711.4 3.7 45H33 2X 31.8 0 50 122 98 48.1 45.7 93.7 14.2 3.1 CV % 9.2 8.31.5 1.7 1.8 0.7 7.6 66.5 LSD (0.05) 5.1 17.5 2.4 1.3 1.4 1.1 1.6 4.1 SE1.77 6.15 0.85 0.50 0.50 0.35 0.57 1.49 2015 Hanley, Saskatoon Canada45M38 2X 22.2 0 41 95 96 47.8 49.1 96.9 16.6 3.7 45H33 2X 21.9 0 43 11098 46.5 47.7 94.2 21.5 4.7 CV % 11.3 2.5 6.4 1.4 2.6 2.3 0.8 7.5 89.7LSD (0.05) 4.2 1.9 10.9 2.2 2.0 1.9 1.2 2.3 5.2 SE 1.49 0.71 3.89 0.780.71 0.64 0.42 0.78 1.84 2016 Hanley, Saskatoon Canada 45M38 2X 17.8 043 130 95 49.3 46.1 95.4 11.5 1.4 45H33 2X 20.1 0 44 135 96 49.9 43.993.8 12.7 0.0 CV % 8.0 2.2 6.6 1.1 1.5 1.7 0.5 9.7 178.2 LSD (0.05) 2.52.0 14.0 2.0 1.3 1.3 0.7 1.7 0.5 SE 0.90 0.71 4.95 0.71 0.45 0.45 0.260.61 0.19 2016 Carman Manitoba Canada 45M38 2X 17.4 0 45 103 95 44.649.5 94.0 12.8 8.4 45H33 2X 18.7 0 45 113 95 44.5 47.9 92.4 16.0 3.8 CV% 11.8 2.0 8.0 1.3 2.0 1.7 0.9 9.5 33.4 LSD (0.05) 3.2 1.0 14.0 2.0 1.51.4 1.5 2.1 2.8 SE 1.13 0.71 4.95 0.71 0.51 0.48 0.52 0.74 1.00 2 yearaverage (2015 and 2016, all locations) 45M38 2X 23.4 0.2 46.8 107.3 97.747.9 48.3 96.2 12.8 4.7 45H33 2X 23.4 0.0 47.2 116.9 97.7 47.3 46.4 93.716.3 2.7 CV % 10.0 314.6 1.7 7.4 1.6 2.0 2.1 0.8 8.0 69.3 LSD (0.05) 2.20.9 1.3 4.1 1.7 1.4 1.4 1.2 1.5 2.3 SE 0.78 0.31 0.46 1.49 0.63 0.500.52 0.43 0.54 0.85 Locations 5 5 5 5 5 5 5 5 5 5

Example 3 Shatter Tolerance of 45M38

45M38 was planted in yield trials and shatter row trials as describedbelow in Table 3A:

TABLE 3A Shatter row trials Year Yield testing-regular/late harvestReplicated Rows 2015 Yes - Shatter/pod drop Yes-Shatter 2016 Yes -Shatter/pod drop Yes-Shatter

Shatter and pod drop data was collected on regular yield plots only atthe sites where substantial shattering was observed. Also shatter andpod drop data was collected in delayed harvesting trials. Each year,hybrids were also grown in a special shatter nursery in Ontario, whereshattering was recorded six to eight weeks after maturity. Shatter datawas collected on the scale 1 to 9, where 9 designates no shattering and1 covers the range of 80-100% shattering. 2 stands for 70% shattering, 3is 60% while 7 is 20% and 8 is 10%. Conversion into % of shattering wasused in order to quantify the data and demonstrate differences.

2015 and 2016 were years with lower shatter/pod drop pressure in Canada,i.e. the shattering pressure was not occurring on a large scale butrather in late harvest and under some hail pressure (e.g. Manitoba2015). 2016 was especially challenging in Saskatchewan and Alberta withearly snow fall.

Best Linear Unbiased Predictions (BLUPs) were calculated using mixedmodels. Tables 3B and 3C show data generated to discriminate canolaproducts for the level of their shattering tolerance and pod drop.Shattering data was collected at 8 locations over two year period. Poddrop data was collected at 5 locations in 2015 and 2016. Table 3Ccategorizes canola products for the level of their shattering toleranceunder high shattering pressure. Hybrid 45M38 fits into moderatelyresistant category while WCC/RRC checks are moderately susceptible.

TABLE 3B Shatter and pod drop observations on 45M38 and checks 2015-2016Shatter Score Pod drop score Shatter score Pod drop Loc BLUP Loc SE BLUPLoc SE 45M38 6.9 8 0.2 7.4 5 0.1 45M35 6.8 8 0.2 7.2 5 0.1 46M34 6.5 110.2 7.4 8 0.1 45H29 5.9 13 0.2 7.1 8 0.1 5440 5.6 12 0.2 7.2 8 0.1 *1-9rating scale −1 most affected and 9 not affected at all

TABLE 3C Relative performance of canola under highest shatteringpressure Field % pods performance- shattered Rating category (actual)Products Harvesting method 1 . . . 2 Highly  70-100 Swathing susceptible3 . . . 4 Susceptible 50-69 45H21 Swathing 5 . . . 6 Moderately 30-49(32.5) 45H29/5440 Swathing/Straight susceptible 6-7 MS/MR (24) 46M34Swathing/Straight 7 Moderately 15-29 45M38 Swathing/Straight resistant 8Resistant  5-14 9 Highly 0-5 Resistant

Example 4: Agronomic Performance of 45M38 in Two Years of Co-Op Testing

WCC/RRC guidelines were followed in conducting two years of trials (2015and 2016). Each trial had three replicates and had a plot size of1.5m×6m. Yield and agronomic traits were recorded and seed samples werecollected from two of the four replicates at almost all sites. Seedsamples were analyzed using NIR (near infrared spectroscopy) for oil,protein, total glucosinoaltes and cholorophyll. Oil and protein wereexpressed at zero moisture while total glucosinolates were expressed at8.50 moisture. Fatty acid analysis was done using gas chromatography.WCC/RRC guidelines were followed for analyzing quality parameters.

TABLE 4 Summary of Performance of 45M38 in Two Years of Co-op TestingYield Yield % WCC/ Days to Days to Early Vigor Lodging Score PlantHeight Oil % @ zero Variety (q/ha) RCC Checks Maturity Flower (1 = poor,9 = best) (1 = poor, 9 = best) (cm) moisture 2015 45M38 28.0 98.0 97.950.0 6.0 7.0 120.0 49.48 5440 29.2 102.2 98.0 49.0 6.0 7.0 126.0 47.6845H29 28.0 97.8 98.4 50.0 6.0 6.0 126.0 49.56 # Locs 16 16 16 10 18 1013 17 2016 45M38 36.8 94.0 98.0 45.0 6.0 123.0 48.51 5440 39.2 100.2100.0 47.0 6.0 134.0 46.28 45H29 39.1 99.8 100.0 46.0 5.0 132.0 48.07 #Locs 21 21 20 14 14 15 13 2 Year Average 45M38 33.0 95.7 98.0 47.1 6.06.4 121.6 49.06 5440 34.9 101.0 99.1 47.8 6.0 6.4 130.3 47.07 45H29 34.399.0 99.3 47.7 6.0 5.4 129.2 48.91 # Locs 37 37 36 24 18 24 28 30 CheckAvg. 34.6 100.0 99.2 47.8 6.0 5.9 129.8 47.99 Diff. from −1.6 −4.3 −1.2−0.7 0.0 0.5 −8.1 1.07 Check Protein % Total Glucs Total Saturated FatChlorophyll Shatter Score Variety (oil free) (umol/g) (%) (ppm) GreenSeed % (1 = poor, 9 = best) 2015 45M38 48.23 12.39 4.71 6.07 1.04 7.05440 44.98 15.60 4.01 6.31 0.49 5.9 45H29 46.34 17.40 3.60 6.41 1.39 6.2# Locs 16 17 16 17 14 4 2016 45M38 46.72 8.81 6.27 6.8 5440 44.61 10.066.46 5.3 45H29 44.88 12.85 6.62 5.6 # Locs 13 13 13 4 2 Year Average45M38 47.55 10.84 4.71 6.16 1.04 6.9 5440 44.81 13.20 4.01 6.38 0.49 5.645H29 45.69 15.43 3.60 6.50 1.39 5.9 # Locs 29 30 16 30 14 8 Check Avg.45.25 14.31 3.81 6.44 0.9 5.8 Diff. from 2.30 −3.48 0.91 0.28 0.1 1.2Check

Example 5: Blackleg Tolerance

Blackleg tolerance was measured following the standard proceduredescribed in the Procedures of the Western Canada Canola/RapeseedRecommending Committee (WCC/RRC) Incorporated for the Evaluation andRecommendation for Registration of Canola/Rapeseed Candidate Cultivarsin Western Canada. Blackleg was rated on a scale of 0 to 5: a plant withzero rating is completely immune to disease while a plant with “5”rating is dead due to blackleg infection.

Canola variety “Westar” was included as an entry/control in eachblackleg trial. Tests are considered valid when the mean rating forWestar is greater than or equal to 2.6 and less than or equal to 4.5.(In years when there is poor disease development in Western Canada theWCC/RRC may accept the use of data from trials with a rating for Westarexceeding 2.0.)

The ratings are converted to a percentage severity index for each line,and the following scale is used to describe the level of resistance:

Classification Rating (% of Westar) R (Resistant) <30 MR (ModeratelyResistant) 30-49 MS (Moderately Susceptible) 50-69 S (Susceptible) 70-89HS (Highly Susceptible)  90-100

TABLE 5 Summary of Blackleg Ratings for PV 532 G 2015 Plum CouleeRosebank Minto Saskatoon 45M38 0.5 0.5 0.6 0.3 Westar 2.7 4.1 2.7 2.82016 Plum North Battle Coulee Edmonton Alvena Carman Elm Creek FordSaskatoon 45M38 0.2 0.5 0.6 0.5 0.8 0.9 0.6 Westar 2.8 4.4 3.8 3.7 4.03.5 3.7 % Westar (2 year) Class 45M38 15.5 R Westar 100.0

All publications, patents, and patent applications mentioned in thespecification are incorporated by reference herein for the purpose citedto the same extent as if each was specifically and individuallyindicated to be incorporated by reference herein.

The foregoing invention has been described in detail by way ofillustration and example for purposes of clarity and understanding. Asis readily apparent to one skilled in the art, the foregoing are onlysome of the methods and compositions that illustrate the embodiments ofthe foregoing invention. It will be apparent to those of ordinary skillin the art that variations, changes, modifications, and alterations maybe applied to the compositions and/or methods described herein withoutdeparting from the true spirit, concept, and scope of the invention.

As used herein, the terms “comprises,” “comprising,” “includes,”“including,” “has,” “having,” “contains”, “containing,” “characterizedby” or any other variation thereof, are intended to cover anon-exclusive inclusion.

Unless expressly stated to the contrary, “or” is used as an inclusiveterm. For example, a condition A or B is satisfied by any one of thefollowing: A is true (or present) and B is false (or not present), A isfalse (or not present) and B is true (or present), and both A and B aretrue (or present). The indefinite articles “a” and “an” preceding anelement or component are nonrestrictive regarding the number ofinstances (i.e., occurrences) of the element or component. Therefore “a”or “an” should be read to include one or at least one, and the singularword form of the element or component also includes the plural unlessthe number is obviously meant to be singular.

What is claimed is:
 1. A canola variety 45M38, representative seed ofthe variety having been deposited under ATCC Accession NumberPTA-124074.
 2. A seed of the canola variety of claim
 1. 3. The seed ofclaim 2, further comprising a seed treatment on the surface of the seed.4. The seed of claim 3, wherein the treatment comprises a fungicide,insecticide or combination thereof.
 5. A plant or plant part of thecanola variety of claim
 1. 6. A method comprising cleaning seedharvested from the plant of claim
 5. 7. A method for producing canolaoil comprising processing seed harvested from the plant of claim
 5. 8. Amethod of producing a canola seed, the method comprising planting theseed of claim 2 to produce a subsequent generation of seed; harvestingthe subsequent generation of seed; and planting the subsequentgeneration of seed.
 9. The seed of claim 2, further comprising a traitintroduced by backcrossing or genetic transformation.
 10. The seed ofclaim 9, wherein the trait is selected from the group consisting of malesterility, a site for site-specific recombination, abiotic stresstolerance, altered phosphate, altered antioxidants, altered fatty acids,altered essential amino acids, altered carbohydrates, herbicideresistance, insect resistance and disease resistance.
 11. The seed ofclaim 9, further comprising a seed treatment.
 12. A method comprisingcleaning the seed of claim
 9. 13. A method for producing a second canolaplant or plant part, the method comprising doubling haploid seedgenerated from the plant of claim 5, thereby producing the second canolaplant or plant part.
 14. The plant or plant part of claim 5, furthercomprising a trait introduced by backcrossing or genetic transformation.15. The plant or plant part of claim 14, wherein the trait is selectedfrom the group consisting of male sterility, a site for site-specificrecombination, abiotic stress tolerance, altered phosphate, alteredantioxidants, altered fatty acids, altered essential amino acids,altered carbohydrates, herbicide resistance, insect resistance anddisease resistance.
 16. A method for producing a second canola plant orplant part, the method comprising applying plant breeding techniques tothe plant or plant part of claim 5, thereby producing the second canolaplant.
 17. The method for producing a canola plant derived from canolavariety 45M38, the method comprising: (a) crossing the plant of claim 5with itself or a second plant to produce progeny seed; (b) growing theprogeny seed to produce a progeny plant and crossing the progeny plantwith itself or a different plant to produce further progeny seed; and(c) repeating step (b) for at least one additional generation to producea canola plant derived from the variety 45M38 and further comprising thetrait.
 18. A method for producing a second canola plant or plant part,the method comprising doubling haploid seed generated from the plant ofclaim 5, thereby producing the second canola plant or plant part.
 19. Amethod for producing a canola plant derived from canola variety 45M38,the method comprising: (a) crossing the plant of claim 4 with itself ora second plant to produce progeny seed; (b) growing the progeny seed toproduce a progeny plant and crossing the progeny plant with itself or adifferent plant to produce further progeny seed; and (c) repeating step(b) for at least one additional generation to produce a canola plantderived from the variety 45M38.
 20. A method of introducing a desiredtrait into canola line 45M38 wherein the method comprises: (a) crossinga 45M38 plant, wherein a representative sample of seed was depositedunder ATCC Accession No. PTA-124074, with a plant of another canola linethat comprises a desired trait to produce progeny plants, the desiredtrait being selected from the group consisting of male sterility,herbicide resistance, insect resistance, pest resistance, modified fattyacid metabolism, modified carbohydrate metabolism, modified seed yield,modified oil percent, modified protein percent, modified lodgingresistance and modified resistance to bacterial disease, fungal diseaseor viral disease; (b) selecting one or more progeny plants that have thedesired trait to produce selected progeny plants; (c) crossing theselected progeny plants with the 45M38 plants to produce backcrossprogeny plants; (d) selecting for backcross progeny plants that have thedesired trait and essentially all of the physiological and morphologicalcharacteristics of canola line 45M38 listed in Table 1; and (e)repeating steps (c) and (d) two or more times to produce selected thirdor higher backcross progeny plants that comprise the desired trait andessentially all of the physiological and morphological characteristicsof canola line 45M38 as shown in Table 1.